U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 123— PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS

18 U.S.C. § 2723

Penalties

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(a)Criminal Fine.—A person who knowingly violates this chapter shall be fined under this title.(b)Violations by State Department of Motor Vehicles.—Any State department of motor vehicles that has a policy or practice of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance.(Added Pub. L. 103–322, title XXX, § 300002(a), Sept. 13, 1994, 108 Stat. 2101.)Statutory Notes and Related SubsidiariesEffective Date

Section effective on the date that is 3 years after Sept. 13, 1994, with provisions relating to release of personal information before the effective date and compliance after such date, see section 300003 of Pub. L. 103–322, set out as a note under section 2721 of this title.

Notes of Decisions
Cited in 39 cases (3 in the last 5 years), 1997–2024 · leading case: Taylor v. Acxiom Corp., 612 F.3d 325 (5th Cir. 2010).
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Taylor v. Acxiom Corp., 612 F.3d 325 (5th Cir. 2010). · cites it 4× “18 U.S.C. §§ 2723 , 2724. The Department of Justice issued an advisory opinion that supports this conclusion.”
Pichler v. UNITE, 542 F.3d 380 (3rd Cir. 2008). · cites it 2× “Section 842(c)(2), like 18 U.S.C. § 2723 (a), creates criminal liability for violating those acts or omissions "knowingly.”
Mallak v. Aitkin Cnty., 9 F. Supp. 3d 1046 (D. Minnesota 2014). · cites it 5× “18 U.S.C. § 2723 (b). There are multiple exceptions for which disclosure of driver’s license information is permitted.”
Pryor v. Reno, 998 F. Supp. 1317 (M.D. Ala. 1998). · cites it 5× “18 U.S.C. § 2723 (b). Persons who knowingly violate the Act are subject to criminal fines.”
Maracich v. Spears, 570 U.S. 48 (2013). “The Court's opinion is wrong to suggest that the rule of lenity does not apply to governmental penalties so long as they are payable to private individuals and labeled "liquidated damages," rather than "criminal fines." Moreover, the DPPA, which appears in Title 18 of the United…”
Samantha Orduno v. Richard Pietrzak, 932 F.3d 710 (8th Cir. 2019). “See 18 U.S.C. § 2723 . The only provisions at issue in this case, however, concern civil liability.”
Margan v. Niles, 250 F. Supp. 2d 63 (N.D.N.Y. 2003). · cites it 3× “) To further its intended goal, the DPPA provides for criminal penalties, 18 U.S.C. § 2723 (a), and a private cause of action, 18 U.”
Potocnik v. Carlson, 9 F. Supp. 3d 981 (D. Minnesota 2014). · cites it 3× “18 U.S.C. § 2723 (a). The Attorney General may impose civil penalties on any state department of motor vehicles that has “a policy or practice of substantial noncompliance” with the DPPA.”
Roth v. Guzman, 650 F.3d 603 (6th Cir. 2011). “See 18 U.S.C.A. § 2723 (b). Therefore, a proper reading of the DPPA compels the conclusion that the Act imposes upon the state (and its officials) a duty of reasonable inquiry.”
Arkansas State Police v. Wren, 2016 Ark. 188 (Ark. 2016). · cites it 2× “18 U.S.C. §§ 2723 , 2724. Despite its general prohibition, the DPPA lists fourteen permitted uses of personal information obtained from 3 The DPPA was a part of the Violent Crime Control and Law Enforcement Act of 1994.”
Kraege v. Busalacchi, 687 F. Supp. 2d 834 (W.D. Wis. 2009). · cites it 3× “18 U.S.C. §§ 2723 (b), 2724(a), 2725(2). Congress entrusts enforcement of plaintiffs’ rights under the Act against a state or its agencies, including the “[s]tate department of motor vehicles,” to the Attorney General.”
Mary Ann Collier v. Fred O. Dickinson, III, 477 F.3d 1306 (11th Cir. 2007). “18 U.S.C. § 2723 (b). In addition, 18 U.S.”
Show all 39 citing cases →
— 18 U.S.C. § 2723(a) — 1 case
Condon v. Reno (4th Cir. 2000).
— 18 U.S.C. § 2723(b) — 1 case
Condon v. Reno (4th Cir. 2000).
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