Settlement Reached in Class Action Lawsuit over Use of Auto Crash Report Info

LexisNexis Risk Solutions has reached a settlement with the plaintiffs in a class action lawsuit, agreeing to change certain business practices relating to automobile crash reports.

The Class is made up of individuals who, at any time from Jan. 12, 2012, through the date of the final judgment, had personal information such as a driver identification number, name, address, or phone number appear on a crash report that was available for purchase on a website supported, owned, or operated by or on behalf of  PoliceReports.US LLC or LexisNexis Claims Solutions Inc.

LexisNexis Risk Solutions has denied any wrongdoing and has not been found guilty in court, but has agreed to a settlement in order to end the litigation.

The class action lawsuit had accused the defendants of obtaining Class Members’ motor vehicle records maintained by the state for purposes that violate the Driver’s Privacy Protection Act (DPPA).

The DPPA was enacted in 1994 to protect the privacy of personal information compiled by state departments of motor vehicles (DMV), according to the Electronic Privacy Information Center. It prohibits the release or use by any state DMV of personal information obtained in connection with a motor vehicle record and sets penalties for violations.

While the settlement does not provide Class Members with any monetary relief, the defendants have agreed to make changes to their business practices.

LexisNexis Risk Solutions will prohibit the use of crash reports purchased on the e-commerce web portal for marketing and solicitation use. It also will eliminate the web portal’s monthly subscription service.

In addition, crash reports will be disclosed only when one of three conditions is met:

• Defendants have redacted certain personal information on the report
• Defendants have obtained consent from the person whose personal information appears on the report
• The report is being disclosed only for a purpose permitted by the Final Judgment

The company also will maintain records that identify each person who receives a crash report via the web portal, as well at the specific permitted purpose for which it will be used, and will implement employee training on the DPPA and the injunctive relief provided by the settlement. 

The deadline to object to this settlement is May 3, 2021.

Those who would like to attend the hearing must give notice by May 17, 2021.

A final approval hearing is scheduled for May 24, 2021.

Do you worry about your DMV information being used or released? Let us know in the comment section below.

The plaintiffs and Class are represented by David M. Wilkerson and Larry S. McDevitt of the Van Winkle Law Firm; Eugene C. Covington Jr. of Eugene C. Covington Jr. PA; and Christopher L. Cogdill of Christopher L. Cogdill PA.

The Crash Reports Class Action Lawsuit is Deloris Gaston, et al. v. LexisNexis Risk Solutions Inc., et al., Case No. 5:16-cv-9, in the U.S. District Court for the Western District of North Carolina, Statesville Division.

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