Maracich v. Spears
133 S. Ct. 2191
| SCOTUS | 2013Background
- DPPA restricts disclosure of personal DMV data; DPPA permits certain uses by 14 enumerated exceptions.
- Respondents obtained DMV data to send mailings seeking plaintiffs for a state MDDA class-action suit.
- Letters described as advertising material, sent to over 34,000 car buyers, seeking participation in litigation.
- District Court ruled letters were not solicitations and used DPPA (b)(4) for litigation purposes; Fourth Circuit affirmed with a carve-out about intertwining solicitation and litigation.
- This Court granted certiorari to decide whether attorney solicitation falls within the DPPA (b)(4) litigation exception.
- The Court holds that attorney solicitation is not a permissible purpose under (b)(4) and remands for proper analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does (b)(4) cover attorney solicitation of clients? | Maracich: solicitation may be within (b)(4) if tied to litigation. | Spears: any connection to litigation fits (b)(4). | No; solicitation is not within (b)(4). |
| Is the predominant purpose standard needed to resolve (b)(4) scope? | Maracich argues majority misreads (b)(4). | Spears argues no single standard; intertwinement matters. | Remand to apply proper predominant-purpose standard. |
| Should (b)(12) express-consent framework govern conflicts with (b)(4)? | Maracich: (b)(12) controls; (b)(4) cannot override consent. | Spears: (b)(4) operates alongside (b)(12) without override. | Yes; (b)(12) framework limits (b)(4) interpretations. |
Key Cases Cited
- Reno v. Condon, 528 U.S. 141 (1999) (DPPA aims to protect privacy in DMV data; broad restrictions with exceptions)
- New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Ins. Co., 514 U.S. 645 (1995) (‘in connection with’ requires limiting principles based on statute's purpose)
- Commissioner v. Clark, 489 U.S. 726 (1989) (General rule: narrowly read exceptions to preserve primary operation)
- Ohralik v. Ohio State Bar Assn., 436 U.S. 447 (1978) (Solicitation as distinct professional conduct; commercial transactions)
- New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Ins. Co., 514 U.S. 645 (1995) (repeated for emphasis on limiting principle)