News & Analysis as of

DPPA

Alleged Statutory Violations Precluded Coverage Under Business Liability Policy

by Nexsen Pruet, PLLC on

In a November 2017 decision out of the United States District Court for the Western District of North Carolina, the Court held that an insurer has no duty to defend or indemnify its insured when the policy’s statutory...more

Unions Win Next Round In Seattle Gig Worker Organizing Battle

by Fisher Phillips on

Chalk this round up to the unions. In a pair of decisions issued last week, a Seattle federal judge ruled that Seattle’s January 2016 Ordinance that seeks to allow for-hire drivers to form unions and collectively bargain with...more

Advertising Law - May 2017 #4

NAD Watches Paint Dry, Sides With Advertiser - The Sherwin-Williams Co. does not need to change the name of its “CoverMaxx” spray paints, the National Advertising Division of the Better Business Bureau said after...more

CarSure Sued For DPPA Violations

by Reed Smith on

CarSure, LLC, a Texas-based aftermarket automotive warranty seller, faces a lawsuit brought by a group of Wisconsin car owners who claim that the company violated the Driver’s Privacy Protection Act (“DPPA”) by purchasing the...more

Proposed Class Action Targets Advertising to Drivers Using DMV Info

by Reed Smith on

A class action filed this month alleges that car warranty company NRRM LLC used information obtained from Department of Motor Vehicles (“DMV”) records to market to consumers in violation of the Driver’s Privacy Protection Act...more

The Drivers Privacy Protection Act - Why a 1989 Hollywood Murder Affects How Municipalities and Corporations Handle Your Data...

by Poyner Spruill LLP on

In 1989, an obsessed fan fatally shot actress Rebecca Schaeffer in the doorway of her West Hollywood home. He had obtained her address from the California Department of Motor Vehicles. The murder prompted Congress to pass the...more

Eleventh Circuit Clarifies When Statute Of Limitations Clock Starts Ticking For Driver’s Privacy Protection Act Claims

by King & Spalding on

On May 19, 2016, the United States Court of Appeals for the Eleventh Circuit affirmed the dismissal of Driver’s Privacy Protection Act (“DPPA”) claims because they were time barred under the statute of limitations. ...more

Spokeo, Palatine Cases Discuss Negligible Harm from Privacy Breaches, Could Put Damper on Suits

by Reed Smith on

A recent argument and non-decision at the Supreme Court could have significant effects on plaintiffs’ lawsuits under consumer data protection and privacy laws. Last week, the Court heard arguments on the standard of harm for...more

Court Grants Standing Against Coca-Cola Employer for Breach of Employee Information

by Pepper Hamilton LLP on

The decision does not change the law on what is necessary to prove standing, although it does reinforce the notion that a plaintiff will have standing if he or she can allege a concrete injury. In the latest in a slew of...more

Second Circuit Rejects Strict Liability But Imposes Reasonable Care Standard on Disclosure of Personal Motor Vehicle Information

by BakerHostetler on

In a lengthy opinion that closely examined the legislative history of the Driver’s Privacy Protection Act (DPPA), the Second Circuit refused to impose strict liability on data brokers and resellers of personal information...more

Supreme Court Holds That Solicitation of Clients is Not a Permitted Use Under the Driver's Privacy Protection Act

On June 19, 2013, in Maracich v. Spears, No. 12-25, the Supreme Court of the United States issued an opinion interpreting the Driver’s Privacy Protection Act (the DPPA), which prohibits the use of personal information from...more

Seventh Circuit Ruling Could Affect How Municipalities Use Driver Information

by Holland & Knight LLP on

The U.S. Court of Appeals for the Seventh Circuit has ruled that the inclusion of certain personal information on a parking ticket that is placed on the offending vehicle could violate the federal Driver’s Privacy Protection...more

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