Class Action Lawsuit
Smith Freed Eberhard successfully obtained dismissal of a multi-billion dollar class action brought in federal District Court against a client of Smith Freed & Eberhard under the Driver’s Privacy Protection Act (“DPPA”). The Act prohibits a person from obtaining or disclosing personal information from State DMV records for any use not permitted under the Act. The client had bought from the Oregon Department of Transportation Oregon’s DMV records for use in the client’s background screening business. The plaintiffs alleged that the client obtained over 12 million pieces of DMV information in violation of the DPPA and sought $2,500 for each violation. Smith Freed & Eberhard and the client strongly believed that the client’s use of the information in the DMV records was wholly proper under the DPPA and asked the court to dismiss the complaint due to plaintiffs’ inability to allege any improper use by the client. The court agreed and dismissed the complaint with prejudice.