18 U.S.C. § 2724

Civil action

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(a)Cause of Action.—A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court.(b)Remedies.—The court may award—(1) actual damages, but not less than liquidated damages in the amount of $2,500;(2) punitive damages upon proof of willful or reckless disregard of the law;(3) reasonable attorneys’ fees and other litigation costs reasonably incurred; and(4) such other preliminary and equitable relief as the court determines to be appropriate.(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 169 cases (49 in the last 5 years), 1997–2026 · leading case: Pichler v. UNITE, 542 F.3d 380 (3rd Cir. 2008).
Pichler v. UNITE, 542 F.3d 380 (3rd Cir. 2008). · cites it 24× “See 18 U.S.C. § 2724 (b)(2). Trial issues of willfulness and recklessness are common factual issues for juries to determine.”
Gordon v. Softech Int'l, Inc., 726 F.3d 42 (2d Cir. 2013). · cites it 14× “See 18 U.S.C. § 2724 (a). Certain civil remedies may be imposed against any "person who knowingly obtains, discloses or uses personal information , from a motor vehicle record, for a purpose not permitted" by the DPPA.”
Samantha Orduno v. Richard Pietrzak, 932 F.3d 710 (8th Cir. 2019). · cites it 5× “Pietrzak then admitted liability for six violations of the DPPA, and a jury awarded Orduno $85,000 in punitive damages, but no actual damages.”
Margan v. Niles, 250 F. Supp. 2d 63 (N.D.N.Y. 2003). · cites it 11× “Margan, Jeffrey Margan, Paul Mahan, and Anthony Pellegrino, and not their spouses or children, because these are the only plaintiffs whose personal information may have been improperly obtained from motor vehicle records.”
Jason Senne v. Vill. of Palatine, Illinois, 695 F.3d 597 (7th Cir. 2012). · cites it 6× “§ 1331 and 18 U.S.C. § 2724 . No. 10-3243 3 granted rehearing en banc.”
Thomas v. George, Hartz, Lundeen, Fulmer, Johnstone, King, & Stevens, P.A., 525 F.3d 1107 (11th Cir. 2008). · cites it 6× “§ 2721 (a), while a separate section provides a private cause of action against persons who knowingly obtain, disclose, or use personal information from a motor vehicle record, see 18 U.S.C. § 2724 (a). Despite these prohibitions, Congress made clear that not all obtainment,…”
Pichler v. UNITE, 228 F.R.D. 230 (E.D. Pa. 2005). · cites it 8× “In other words, the only “interest” that the DPPA protects is an individual’s interest in the privacy of motor vehicle records that include information about her.”
Foudy v. Indian River Cnty. Sheriff's Off., 845 F.3d 1117 (11th Cir. 2017). · cites it 2× “See 18 U.S.C. § 2724 (“A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United…”
Enslin v. Coca-Cola Co., 136 F. Supp. 3d 654 (E.D. Pa. 2015). · cites it 5× “Plaintiff alleges (1) violation of the Driver’s Privacy Protection Act, 18 U.S.C. § 2724 (2012), (2) negligence, (3) negligent misrepresentation, (4) fraud, (5) breach of express contract, (6) breach of implied contract, (7) breach of covenant of good faith and fair dealing, (8)…”
James Kehoe v. Fid. Fed. Bank & Trust, 421 F.3d 1209 (11th Cir. 2005). · cites it 4× “18 U.S.C. § 2724 (b), the DPPA’s Remedies Provision The main issue in this case is whether a plaintiff must prove actual damages before he may recover a liquidated damages award under the DPPA.”
Taylor v. Acxiom Corp., 612 F.3d 325 (5th Cir. 2010). · cites it 4× “6 To that end, the DPPA lists several permissible uses in section 2721(b): (1) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a Federal, State, or local agency in…”
Kost v. Hunt, 983 F. Supp. 2d 1121 (D. Minnesota 2013). · cites it 7× “The civil action provision of 18 U.S.C. § 2724 reaches disclosure violations by authorized recipients.”
— 18 U.S.C. § 2724(a) — 1 case
— 18 U.S.C. § 2724(b)(1) — 1 case
Kellean K. Truesdell v. Clayton Thomas, 889 F.3d 719 (11th Cir. 2018).
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