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Privacy ruling forces lawyers to handle DMV data with care (access required)

By: Pat Murphy
Published: June 19, 2013

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Four of South Carolina’s most prominent trial lawyers are facing potential liability for millions of dollars in damages in the wake of Monday’s decision by the U.S. Supreme Court to broaden the protections afforded personal information compiled by state departments of motor vehicles.

DRIVER’S PRIVACY PROTECTION ACT (access required)

Published: June 17, 2013

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The litigation exception to the federal Driver’s Privacy Protection Act does not allow attorneys to obtain the personal information of drivers for the “predominant purpose” of soliciting new clients.

See “Attorneys can’t get driver information to solicit clients, justices
» Continue Reading.

Attorneys can’t get driver information to solicit clients, justices rule (access required)

Published: June 17, 2013

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The U.S. Supreme Court has ruled that the litigation exception to a federal privacy law did not allow four South Carolina trial attorneys to obtain the personal information of drivers for the “predominant purpose” of soliciting new clients for consumer lawsuits.

Court ponders if lawyers can use records to find clients (access required)

By: Kimberly Atkins
Published: January 10, 2013

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WASHINGTON – The justices of the U.S. Supreme Court are trying to dissect the language of a poorly worded federal statute that protects drivers’ personal information from misuse in an effort to determine whether lawyers broke the law in looking for potential class action plaintiffs.

Can lawyers use privacy act to gather client information? (access required)

Published: September 25, 2012

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Does the litigation exception to the Driver’s Privacy Protection Act allow lawyers to obtain, disclose or use personal information solely to find clients to represent in a developing lawsuit, including solicitation through a direct mail advertising campaign?

The U.S. Supreme Court has agreed to answer this question.

DRIVER’S PRIVACY PROTECTION ACT (access required)

Published: September 25, 2012

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Does the litigation exception to the Driver’s Privacy Protection Act allow lawyers to obtain, disclose or use personal information solely to find clients to represent in a developing lawsuit including solicitation through a direct mail advertising campaign?

See Can lawyers use Driver’s Privacy Act to gather client information?

Maracich v. Spears, No. 12-25. Certiorari granted: Sept. 25, 2012. Ruling below: 675 F.3d 281 (4th Cir. 2012). 

Parking ticket may violate Driver’s Privacy Act (access required)

Published: August 8, 2012

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A parking ticket that police placed on a windshield may violate federal privacy law when it includes personal information about the car’s owner, the en banc 7th Circuit has ruled in reversing a dismissal.

Benchmarks: Young drivers must display red stickers, N.J. court says (access required)

Published: August 7, 2012

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A state law requiring young drivers to display a red decal on their license plates does not violate equal protection or privacy rights, the New Jersey Supreme Court ruled on Monday.

Lawyers didn’t violate Driver’s Privacy Act (access required)

Published: April 6, 2012

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Lawyers didn’t violate the federal Driver’s Privacy Protection Act when they obtained state driving records for the purpose of identifying plaintiffs for potential class actions, the 4th Circuit has ruled in affirming a dismissal.

Bulk purchase didn’t violate Driver’s Privacy Protection Act (access required)

Published: December 20, 2011

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Businesses didn’t violate federal privacy law by purchasing personal driver information in bulk from a state database, the 8th Circuit has ruled in affirming a dismissal.

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