United States Fifth Circuit

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Taylor v. Acxiom Corp., 08-41083

In an action against various defendants alleging misuse of DMV records in violations of the Driver's Privacy Protection Act (DPPA), dismissal of the action is affirmed where the DPPA allows states to turn over their entire drivers motor vehicle database at the request of certain private entities. A person who buys DMV records in bulk does so for the purpose of making permissible actual use of information therein under 18 U.S.C. section 2721(b), even if that person does not actually use every single item of information therein. Further, the plain language of section 2721 allows resale of DMV records to one who is authorized and proposes to make actual use thereof as permitted under section 2721(b) notwithstanding that the seller does not actually use or intend to use the records before resale.

Appellate Information

  • Decided 07/14/2010
  • Published 07/15/2010

Judges

  • William L. Garwood

Court

  • United States Fifth Circuit

Counsel