Key DPPA Points (2025)
⚖️ DPPA Penalties & Damages
Criminal Penalties: Federal fines for knowing violations
Civil Damages: Minimum $2,500 per violation + attorney fees
Punitive Damages: Available for willful/reckless conduct
Class Actions: Multiply damages across affected individuals
Major settlements have reached $50+ million for data broker violations.
Civil Damages: Minimum $2,500 per violation + attorney fees
Punitive Damages: Available for willful/reckless conduct
Class Actions: Multiply damages across affected individuals
Major settlements have reached $50+ million for data broker violations.
📋 14 Permissible Uses Explained
Most Common: Law enforcement, insurance, legal proceedings, recalls
Business Uses: Fraud prevention, debt collection, employment screening
Restricted Uses: Marketing requires express opt-in consent
Certification Required: All requesters must justify their purpose
Each use has specific limitations and record-keeping requirements.
Business Uses: Fraud prevention, debt collection, employment screening
Restricted Uses: Marketing requires express opt-in consent
Certification Required: All requesters must justify their purpose
Each use has specific limitations and record-keeping requirements.
🚨 2024-2025 Enforcement Trends
Extended Warranty Mailers: Major violation area under scrutiny
Skip Tracing: Debt collectors facing increased lawsuits
Parking Companies: Questions about legitimate DMV access
Data Monetization: States reconsidering revenue from data sales
Enhanced enforcement by both federal prosecutors and private attorneys.
Skip Tracing: Debt collectors facing increased lawsuits
Parking Companies: Questions about legitimate DMV access
Data Monetization: States reconsidering revenue from data sales
Enhanced enforcement by both federal prosecutors and private attorneys.
📱 Technology & Privacy Issues
ALPR Systems: License plate readers and DMV data matching
Digital Privacy: Intersection with modern privacy laws
AI & Automation: Automated decision-making using DMV data
Mobile Apps: License scanning vs. DMV database access
Technology creates new compliance challenges and enforcement questions.
Digital Privacy: Intersection with modern privacy laws
AI & Automation: Automated decision-making using DMV data
Mobile Apps: License scanning vs. DMV database access
Technology creates new compliance challenges and enforcement questions.
🗺️ State Law Variations
California: Strictest photo/medical protection, immigration privacy
New York: Court orders required for highly restricted data
Florida: Automatic protection, includes email addresses
Indiana/Wisconsin: Transparency requirements for data sales
States can exceed DPPA protections but cannot weaken them.
New York: Court orders required for highly restricted data
Florida: Automatic protection, includes email addresses
Indiana/Wisconsin: Transparency requirements for data sales
States can exceed DPPA protections but cannot weaken them.
🔐 Protected Personal Information
Standard Protection: Name, address, phone, license number
Highly Restricted: Photos, SSN, medical/disability info
Not Protected: Driving violations, accident history, license status
State Additions: Some states protect email, emergency contacts
Understanding what's covered is crucial for compliance.
Highly Restricted: Photos, SSN, medical/disability info
Not Protected: Driving violations, accident history, license status
State Additions: Some states protect email, emergency contacts
Understanding what's covered is crucial for compliance.
Expert FAQ
💰 What damages can I recover in a DPPA lawsuit?
DPPA provides robust monetary remedies: minimum $2,500 per violation (liquidated damages), actual damages if higher, punitive damages for willful violations, and attorney fees for prevailing plaintiffs. In class actions, these amounts multiply across all affected individuals. Recent settlements have reached tens of millions, making DPPA violations extremely costly for defendants.
💼 Can attorneys use DMV data for client solicitation?
No. The Supreme Court in Maracich v. Spears (2013) clearly held that using DMV data to solicit clients violates the DPPA. The litigation exception requires connection to an actual proceeding, not fishing for potential clients. Attorneys can access data for existing cases but cannot use DMV records for marketing or business development purposes.
📧 How do businesses ensure DPPA compliance?
Businesses must: (1) Identify a valid permissible use before accessing data, (2) Certify their purpose to DMV, (3) Use data only for stated purpose, (4) Maintain 5-year records of any redisclosures, (5) Train employees on access limitations, (6) Implement audit trails and access controls. Extended warranty companies and skip tracers face particular scrutiny in 2024-2025.
🔍 Does DPPA cover license plate reader technology?
ALPR technology itself doesn't violate DPPA since it captures public information. However, when ALPR data is matched against DMV databases to identify vehicle owners, DPPA applies. Law enforcement use is permitted, but private entities need valid permissible uses. The key distinction is between observing plates publicly versus accessing DMV records for personal information.
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