Pavone v. Meyerkord & Meyerkord, LLC
118 F. Supp. 3d 1046
N.D. Ill.2015Background
- Plaintiffs Antonio and Karen Pavone and their minor child received unsolicited parcels from Meyerkord containing an unredacted Illinois Traffic Crash Report and a law‑firm solicitation letter after a January 15, 2015 car accident.
- The Complaint alleges Meyerkord obtained plaintiffs’ names and addresses from a motor‑vehicle source (Schaumburg PD, Illinois Secretary of State, or a reseller) and used that personal information to send advertising, violating the Driver’s Privacy Protection Act (DPPA), 18 U.S.C. §§ 2721–2725.
- Meyerkord moved to dismiss under Rule 12(b)(6), arguing plaintiffs failed to plead (1) use of DPPA “personal information,” (2) an impermissible purpose (or lack of a statutory exception), and (3) that the information was obtained from a “motor vehicle record.”
- The court found plaintiffs adequately alleged the use of DPPA “personal information” (names/addresses) and that the statutory public‑safety/motor‑operation exception (§ 2721(b)(14)) does not cover solicitation/advertising.
- The court dismissed, however, because plaintiffs failed to plausibly allege the information came from a DMV “motor vehicle record” (rather than from police observations or other non‑DMV sources); dismissal was without prejudice and plaintiffs were granted leave to amend.
Issues
| Issue | Pavone’s Argument | Meyerkord’s Argument | Held |
|---|---|---|---|
| Whether the mailed crash report contained DPPA “personal information” | Names/addresses in the crash report are personal information protected by the DPPA | The crash report is an accident report (unprotected) and Illinois law makes reports non‑confidential | Held for Pavone: names/addresses qualify as DPPA “personal information”; report may contain both protected and unprotected data |
| Whether Meyerkord’s use falls within § 2721(b)(14) (motor‑vehicle operation/public safety) | Solicitation is not covered by the public‑safety exception; Maracich shows solicitation needs consent | § 2721(b)(14) and Illinois rules allowing disclosure of crash reports permit Meyerkord’s use | Held for Pavone: § 2721(b)(14) does not authorize solicitation/advertising; exception does not apply |
| Whether plaintiffs sufficiently alleged Meyerkord obtained information from a “motor vehicle record” (DPPA requires origin from DMV record) | Alleged Meyerkord obtained the Report from Schaumburg PD and/or Illinois Secretary of State or a reseller; discovery will show DMV origin | Alternative pleading shows information could have come from police or third parties (not DMV); pleadings lack facts linking data to DMV | Held for Meyerkord: plaintiffs failed to plead facts permitting a reasonable inference the information originated from a DMV motor‑vehicle record; claim dismissed without prejudice |
| Pleading sufficiency and leave to amend | Plaintiffs request discovery and allege facts within their knowledge will show DMV sourcing | Meyerkord argues plaintiffs had access to facts (were at scene) and must plead plausible source now | Held: dismissal without prejudice; plaintiffs given leave to file a Second Amended Complaint to plead DMV sourcing plausibly |
Key Cases Cited
- Maracich v. Spears, 133 S. Ct. 2191 (Sup. Ct.) (interpreting DPPA exceptions and noting solicitation/consent framework)
- Dahlstrom v. Sun‑Times Media, LLC, 777 F.3d 937 (7th Cir.) (DPPA protects personal information obtained from motor vehicle records; origin matters)
- Lake v. Neal, 585 F.3d 1059 (7th Cir.) (definition of "pertains to" in DPPA; documents not necessarily motor vehicle records)
- Senne v. Village of Palatine, Ill., 784 F.3d 444 (7th Cir.) (DPPA’s purpose and scope regarding motor vehicle records)
- Graczyk v. West Pub. Co., 660 F.3d 275 (7th Cir.) (DMVs collect sensitive personal information under DPPA)
- Ashcroft v. Iqbal, 556 U.S. 662 (Sup. Ct.) (plausibility pleading standard)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (Sup. Ct.) (pleading must raise plausible claim)
- Pavone v. Law Offices of Anthony Mancini, Ltd., 118 F. Supp. 3d 1004 (N.D. Ill.) (accident reports are not motor vehicle records; origin question controls)