Anne Bucher  |  December 31, 2013

Category: Consumer News

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Domestic violenceA class action lawsuit has been filed against Compact Information Systems Inc., Data Solutions of America Inc., Elizabeth M. Blank, Endurance Warranty Services, KMB Statistics LLC and a number of other unnamed companies and individuals, accusing them of violating the Drivers’ Privacy Protection Act (DPPA) by requesting and purchasing consumers’ motor vehicle records for use in direct marketing and solicitation. These records were allegedly used to call or send letters to consumers in attempt to sell auto warranties.

The DPPA was enacted by Congress to protect the personal identifying information (PII) citizens are required to provide to their state Department of Motor Vehicles when acquiring or renewing a drivers’ license. The protection of consumers’ PII is essential to limit the risk of identity theft. For victims of domestic violence, the protection of PII is even more critical. Before the enactment of the DPPA, anyone was able to access public motor vehicle records and could use that information for any purpose.

Even with the protections offered by the DPPA, most states sell motor vehicle records. Although there are numerous laws and regulations that are designed to protect PII, the class action lawsuit alleges that many companies provide false information to get around the laws and regulations, and acquire PII for solicitation and marketing purposes. Essentially, the state sells the PII to a bulk requestor, who sells the information to a data mining company. The data mining company then sells the PII to marketing groups, which engage in robocalls or mailings to sell auto warranties. Even though this practice is common, the class action lawsuit alleges that consumers are not notified that their information has been sold, in violation of the DPPA.

“The VSC (Vehicle Service Contract) and Third Party Auto Warranty Industry is the poster child for marketing abuses, illegal telemarketing, and deceptive mailers,” the DPPA class action lawsuit says. “It is a complex financial infrastructure, funded by a multitude of financial institutions. The core of this industry is ‘fueled’ by illegally obtaining millions of motor vehicle records from State Motor Vehicle Departments to use as direct marketing and solicitation leads, without the consumer’s express consent….”

Plaintiffs Jane Doe and Toby Cross filed the class action lawsuit on behalf of themselves and a proposed class of individuals who were also victims of unfair, deceptive and unlawful business practices when their privacy and security rights were allegedly violated by the defendants.

According to the class action lawsuit, plaintiff Jane Doe (who is using a pseudonym to protect her identity) moved to Florida to protect herself from an abusive relationship. Like thousands of other motorists, her PII was requested in bulk, without any information about who is actually requesting the records. She is “outraged by the privacy implications” of this practice, the class action lawsuit says. Further, she is “terrified for her safety, and that of her new family, fearing that her motor vehicle records, which include her present physical address, have been obtained, re-disclosed, resold, and repurchased by Defendants without her express consent.”

She fears her current physical address could be acquired by her former predator, who poses a serious threat to Doe and her family.

According to the class action lawsuit, the state of Texas sells 33 million motor vehicle registration records to bulk requestors each month. Although the entities that request the records claim they are requesting them for DPPA permissible purposes, the plaintiffs claim that they are “willing to ignore the legal implications of the DPPA by providing false and misleading information to the State Motor Vehicle Departments that review its business practices prior to release of the motor vehicle records.”

While this disclosure of PII puts consumers at risk of identity theft and fraud, which can have significant financial and legal implications, domestic violence victims and survivors are faced with a far more imminent threat. Their abusers threaten emotional and physical abuse. In many unfortunate circumstances, perpetrators of domestic violence kill their victims. For victims of domestic violence, the protection of their PII may be a matter of life or death.

Despite their desperation to hide their location from their abusers, victims of domestic violence are required to notify the state Department of Motor Vehicles about their change in address.

“Since available motor vehicle records can be obtained via a multitude of websites online for a nominal fee merely by the requesting party clicking a form response that they possess a DPPA permissible use, the abuse victims have a false sense of security since they have no knowledge that their motor vehicle records are ‘for sale,’” the class action lawsuit says. As a result, many victims of domestic violence unknowingly put themselves at risk of their abusers finding and threatening them.

The class action lawsuit alleges violations of the DPPA and the State Motor Vehicle Records Disclosure Acts; breach of bailment; conversion; invasion of privacy and seclusion and public disclosure of private facts; negligence; trespass to personal property/chattels; and unjust enrichment.

The plaintiffs are represented by Joseph H. Malley of the Law Office of Joseph H. Malley.

The DPPA Class Action Lawsuit is Jane Doe, et al. v. Compact Information Systems Inc., et al., in the U.S. District Court for the Northern District of Texas.

UPDATE: Plaintiffs filed a motion on March 31, 2014 to certify the DPPA Class Action Lawsuit.

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6 thoughts onDPPA Class Action Lawsuit Highlights Danger to Domestic Violence Victims

  1. Char Fox says:

    Just received another from Endurance Warranty Services, LLC today. This after one I received about a month ago, also claiming to be my final notice. They also call using local numbers. After they went through their routine one day, I said “I’m sorry but you’re not with my warranty company”. They got really high strung shouting “I NEVER SAID I WAS WITH YOUR WARRANTY COMPANY B…” and hung up.

  2. Sharise says:

    I live in Florida, I taken my son for his Identification Card. When I Googled his name it gives everything about him from A-Z. Name DOB Address he was a minor at the time under 18 years old. What can we do to have it removed. How can we join the Class Action Lawsuit.

  3. SL says:

    I live in NV. The same here. Does NV have a Class Action. My last letter came 2 weeks ago with all the information.

  4. Leslie Henry says:

    How does one join the class action? I live in FL, and I get bombarded with these types of mail letters.

  5. Veronica says:

    I would like to subscribe to your newsletters but I am in Canada. Would it be ok if I use another state?
    Thanks in advance.
    V.

  6. Top Class Actions says:

    UPDATE: Plaintiffs filed a motion on March 31, 2014 to certify the DPPA Class Action Lawsuit.

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