Dismissal of Driver's Privacy Protection Act Suit Affirmed
Taylor v. Acxiom Corp., 08-41083, involved an action against various defendants alleging misuse of DMV records in violations of the Driver's Privacy Protection Act (DPPA). The court of appeals affirmed the dismissal of the action on the grounds that the DPPA allows states to turn over their entire drivers motor vehicle database at the request of certain private entities. A person who buys DMV records in bulk does so for the purpose of making permissible actual use of information therein under 18 U.S.C. section 2721(b), even if that person does not actually use every single item of information therein. Further, the plain language of section 2721 allows resale of DMV records to one who is authorized and proposes to make actual use thereof as permitted under section 2721(b) notwithstanding that the seller does not actually use or intend to use the records before resale.
As the court wrote: "Today, we decide whether the Driver's Privacy Protection Act (DPPA), 18 U.S.C., Chapter 123, §§ 2721-2725, allows states to turn over their entire drivers motor vehicle (DMV) database at the request of certain private entities. This case involves a class action seeking vast potential liquidated damages. For reasons stated below, we affirm the district court's dismissal of the action and hold that the DPPA affords states discretion to disburse DMV records for a permissible purpose under the statute."
- Full Text of Taylor v. Acxiom Corp., 08-41083