James Kehoe, on behalf of himself and all others similarly situated v. Fidelity Federal Bank and Trust

Plaintiff's Opposition To Defendant's Renewed Motion For Summary Judgment

FL Drivers Can Recover for Sale of Personal Data.

The 11th Circuit Court of Appeals has reversed a lower court and held that individuals suing to recover for violations under the Drivers Privacy Protection Act do not need to demonstrate actual harm in order to recover monetary damages. In the case, a Florida man sued Fidelity Bank for obtaining the personal information of 565,000 individuals from the State's motor vehicle databases for junk mail purposes. EPIC's brief in the case argued that monetary damages were necessary in order to deter unaccountable data brokers from obtaining personal information from government coffers. (Aug. 26, 2005)

This is plaintiffs' opposition to defendant's renewed motion for summary judgment.

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Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | Federal, 11th Circuit, Florida | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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