Cincinnati - A Federal Appeals Court this week upheld the dismissal of a proposed class action lawsuit over the distribution of personal information from a state's motor vehicle records.
Plaintiffs Norma Wiles,
Thomas Wiles, Theresa Gibson and Wanta Evitt, all Kentucky residents, filed the
proposed class action against defendants Ascom Transport System Inc., Downtown
Owensboro Inc., Jones and Wenner Insurance, Nationwide Debt Recovery Service
Inc., Tennessee Valley Authority and Xerox Corporation in January
However, Ascom is the only defendant named in the appeal to the
U.S. Court of Appeals for the Sixth Circuit.
It was Ascom's motion to
dismiss that the U.S. District Court for the Western District of Kentucky
decided and, as a result, dismissed the lawsuit in its entirety.
Kentucky plaintiffs claimed that Ascom violated the federal Driver's Privacy
Protection Act, or DPPA, and their common law right to privacy when the company
obtained in bulk and then used, resold and disclosed their personal information
contained in the state's motor vehicle records without a "permissible purpose"
under the act.
The district court ruled in December 2010 that the bulk
purchase of such motor vehicle records without a "specific need for every
record" does not violate the DPPA, and ultimately granted Ascom's motion to
dismiss the plaintiffs' third amended complaint.