Lisa M. Graczyk, et al v. West Publishing Company

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ARGUED FEBRUARY 11, 2011

Before POSNER, FLAUM, and WILLIAMS, Circuit Judges.

The plaintiffs in this case contend that West Publishing obtains their personal information from state Department of Motor Vehicle (“DMV”) records and resells the information in violation of the Driver’s Privacy Protection Act (“DPPA”), 18 U.S.C. § 2722. The district court granted West Publishing’s motion to dismiss this lawsuit, finding that the plaintiffs lacked standing. We disagree and conclude that the DPPA creates a federal private right of action for persons who, like the plaintiffs, claim that their personal information has been disclosed in violation of the Act. But, we affirm the district court’s dismissal of the plaintiffs’ complaint under Federal Rule of Civil Procedure 12(b)(6) because we agree that the DPPA does not prohibit West Publishing from reselling the plaintiffs’ personal information to those with permissible uses under the Act.

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