Marcy Johnson v. West Publishing Corporation
504 F. App'x 531
8th Cir.2013Background
- Johnson filed a putative class action against West alleging DPPA violations from obtaining, disclosing, and selling drivers' information for commercial purposes.
- West moved for judgment on the pleadings; district court denied, ruling DPPA does not permit bulk resale by a reseller for DPPA-permitted uses.
- District court rejected the notion that a reseller may acquire information in bulk or disclose to buyers with potential future uses without specific misuse.
- West appealed, contending Cook v. ACS State & Local Solutions controls and allows bulk obtainment for resale; Johnson argued Cook misreads the statute and legislative history.
- The court reviews de novo; it concludes Cook controls and that bulk obtainment and resale can be permissible under DPPA, vacating the district court’s denial of West’s motion and remanding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does DPPA permit bulk acquisition for resale for permissible uses? | Johnson says bulk obtainment for resale is not authorized. | West says Cook permits bulk obtainment for resale to authorized recipients. | Yes; bulk obtainment and resale are permissible under DPPA as interpreted in Cook. |
| Is West an 'authorized recipient' under DPPA § 2721(c)? | Johnson contends West is not an authorized recipient. | West argues Cook and Graczyk show it is authorized to receive and resell data. | Yes; West is an authorized recipient under DPPA as interpreted by Cook. |
| Should the class certification be upheld given the DPPA interpretation? | Johnson seeks to sustain class certification under broad DPPA theory. | West contends class certification is unnecessary after dismissal on the merits. | Remanded with instructions to dismiss class certification as moot. |
Key Cases Cited
- Cook v. ACS State & Local Solutions, Inc., 663 F.3d 989 (8th Cir. 2011) (bulk obtainment and resale permissible under DPPA; authorized recipient concept)
- Graczyk v. West Publishing Co., 660 F.3d 275 (7th Cir. 2011) (resale to third parties with permissible uses allowed; supports Cook)
- Taylor v. Acxiom Corp., 612 F.3d 325 (5th Cir. 2010) (bulk obtainment not per se DPPA violation; limits on dissemination)