Graczyk v. West Publishing Co.
2011 U.S. App. LEXIS 19748
| 7th Cir. | 2011Background
- Plaintiffs allege West Publishing obtains drivers' personal DMV data for resale in violation of the DPPA.
- West allegedly sources information from state DMVs or entities that received DMV data, then compiles and sells it.
- DPPA creates a private right of action for individuals harmed by unlawful obtainment, disclosure, or use of motor vehicle data.
- District court dismissed for lack of standing and for failure to state a DPPA claim; unjust enrichment and injunctive claims tied to DPPA were dismissed.
- Seventh Circuit concludes DPPA provides standing to challenge bulk data resale; DPPA does not bar resale to permissible users.
- Court affirms dismissal of the DPPA claim under 12(b)(6) because West's resale to permissible uses is not prohibited.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the DPPA confer standing to sue for bulk resale of data? | Graczyk asserts standing from DPPA injury of disclosing/obtaining data. | West contends lack of concrete injury in fact and standing. | Yes; plaintiffs have standing under DPPA. |
| Does the DPPA prohibit West Publishing from reselling DMV data to permissible users? | Resale is not within permissible uses and undermines DPPA purpose. | Resale to permissible users is allowed; bulk collection is permissible if used for permitted purposes. | DPPA does not prohibit resale to permissible uses; dismissal of DPPA claim affirmed. |
Key Cases Cited
- Taylor v. Texas Farm Bureau Mut. Ins. Co., 612 F.3d 325 (5th Cir. 2010) (standing question aligned with DPPA private right of action)
- Massachusetts v. EPA, 549 U.S. 497 (Supreme Court 2007) (Congress defines injuries and causation for standing)
- City of Chicago v. U.S. Dep't of Treasury, 423 F.3d 777 (7th Cir. 2005) (avoid absurd statutory interpretations; respect congressional intent)
- Howard v. Criminal Info. Servs. Inc., 654 F.3d 887 (9th Cir. 2011) (DPPA permits private data storage for permissible uses)
- Roth v. Guzman, 650 F.3d 603 (6th Cir. 2011) (DPPA considerations on release and permissible uses)