William Garey v. James S. Farrin, P.C., No. 21-1478 (4th Cir. 2022)
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Plaintiffs, a group of drivers, sued Defendants, a group of personal injury lawyers, after Defendants sought and obtained car accident
reports from North Carolina law enforcement agencies and private data brokers and then sent Plaintiffs unsolicited attorney advertising material. Plaintiffs' claims were brought under the Driver’s Privacy Protection Act (“DPPA”).
The district court held that, although Plaintiffs have standing to bring their claims, the claim failed on the merits.
The Fourth Circuit affirmed. Plaintiffs have a legally recognizable privacy interest in the accident reports. However, Defendant's conduct in obtaining the records did not constitute a violation of DPPA. Defendants obtained Plaintiffs’ personal information from the accident
reports; however, Plaintiffs failed to preserve the argument that those accident reports are“motor vehicle records under DPPA.
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