What is the current state of the law on disclosure of personal information obtained from a motor vehicle records database?

MultiRegion, United States of America

The following excerpt is from Gordon v. Softech Int'l, Inc., Docket No. 12-661-cv (2nd Cir. 2013):

subject to the same general rule of non-disclosure; with limited exceptions not relevant here, resellers "may resell or redisclose the information only for a use permitted under subsection (b)." Id. 2721(c) (emphasis added); see also Taylor v. Acxiom Corp., 612 F.3d 325, 338 (5th Cir. 2010).

Moreover, the DPPA creates a civil cause of action for unauthorized disclosure: section 2724(a) provides that a "person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court." 18 U.S.C. 2724(a). Logically, the language makes clear, albeit implicitly, that resellers are obliged to use some care in disclosing personal information obtained from motor vehicle records. If resellers may not disclose personal information except as permitted by the DPPA, they must be obliged to make some inquiry before concluding that disclosure is permitted. See also Roth v. Guzman, 650 F.3d 603, 618 (6th Cir. 2011) (Clay, J., dissenting) (rejecting

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