Fontanez v. Skepple
563 F. App'x 847
2d Cir.2014Background
- Plaintiff Priscilla Fontanez visited Westchester County Jail and voluntarily presented her New York driver’s license as proof of identity to visit an inmate.
- Corrections officer Romeo Skepple allegedly read Fontanez’s name and address from the license, used that information to locate her telephone number in the jail’s database, and then sent her flowers, texts (including a photo in uniform), called her, and threatened retaliation.
- Fontanez sued under the Driver’s Privacy Protection Act (DPPA), 18 U.S.C. §§ 2721 et seq., and asserted pendent state-law claims. She alleged Skepple obtained and used personal information from her driver’s license in violation of the DPPA.
- The district court dismissed the DPPA claim and declined jurisdiction over state claims; Fontanez appealed the dismissal.
- The Second Circuit reviewed a Rule 12(b)(6) dismissal de novo and affirmed, holding the DPPA did not apply to information taken directly from a license voluntarily provided as proof of identity rather than from DMV records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether obtaining/using personal info from a license presented as ID triggers DPPA liability | Fontanez: Skepple knowingly obtained and used personal information from her license and accessed the jail database to find her phone number, violating the DPPA | Skepple/Westchester: DPPA regulates disclosures from DMV records and authorized resellers, not misuse of information taken directly from a license presented by its holder | Held: DPPA does not cover personal information taken from a license voluntarily provided as proof of identity and then used to search non-DMV records; dismissal affirmed |
Key Cases Cited
- Maracich v. Spears, 133 S. Ct. 2191 (Sup. Ct. 2013) (describes DPPA’s purpose to restrict state DMV disclosures and resale of driver data)
- Reno v. Condon, 528 U.S. 141 (Sup. Ct. 2000) (DPPA regulates resale and redisclosure of DMV-obtained personal information)
- Gordon v. Softech Int'l, Inc., 726 F.3d 42 (2d Cir. 2013) (DPPA permits limited sale of DMV information to private entities for specified uses)
- Bryant v. N.Y. State Educ. Dep't, 692 F.3d 202 (2d Cir. 2012) (standard of review for Rule 12(b)(6) dismissals)