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Supreme Court Holds That Solicitation of Clients is Not a Permitted Use Under the Driver's Privacy Protection Act

07/08/2013

On June 19, 2013, the Supreme Court of the United States held that an attorney's use of individuals' motor vehicle record information to solicit them to join pending litigation was prohibited by the Driver's Privacy Protection Act. In so holding, the Court set forth a "predominant purpose" test for determining the propriety of the use of the information when an individual's motor vehicle record information is obtained and used for both one of the Act's 14 permitted purposes, such as in connection with an investigation in anticipation of litigation, and a non-permitted purpose, such as solicitation.

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