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Taylor v. Acxiom Corp.

The issue is whether the Driver's Privacy Protection Act (DPPA), 18 U.S.C., Chapter 123, ��2721-2725, allows states to turn over their entire drivers motor vehicle (DMV) database at the request of certain private entities. A person who buys DMV records in bulk does so for the purpose of making permissible actual use of information therein under 18 U.S.C. �2721(b), even if that person does not actually use every single item of information therein. The plain language of 18 U.S.C. �2721 allows resale of DMV records to one who is authorized and proposes to make actual use of them as permitted under �2721(b), notwithstanding that the seller does not actually use or intend to use the records before resale. 5th U.S. Circuit Court of Appeals, No. 08-41083, 07-16-2010

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Before GARWOOD, DAVIS, and DENNIS, Circuit Judges.

Today, we decide whether the Driver’s Privacy Protection Act (DPPA), 18 U.S.C., Chapter 123, §§ 2721-2725, allows states to turn over their entire drivers motor vehicle (DMV) database at the request of certain private entities. This case involves a class action seeking vast potential liquidated damages. For reasons stated below, we affirm the district court’s dismissal of the action and hold that the DPPA affords states discretion to disburse DMV records for a permissible purpose under the statute.

This case began when the plaintiff-appellants, Sharon Taylor, et. al., filed six putative class action suits alleging violations of the DPPA against more than seventy-five defendants. The district court consolidated the six suits into the instant case. Most defendants joined in filing a Consolidated Motion to Dismiss pursuant to FED. R. CIV. P. 12(b)(6) (failure to state a claim), and 12(b)(1) (lack of subject-matter jurisdiction). The district court granted the motion and entered judgment dismissing plaintiff’s suit with prejudice (including the sua sponte dismissal of the action as against defendants who had not joined the motion). The plaintiffs now appeal.*fn1

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