Maracich v. Spears

A group of attorneys (defendants) obtained the personal information of a group of drivers (plaintiffs) from the South Carolina Department of Motor Vehicles (DMV). Without obtaining the drivers’ consent, the attorneys sent the drivers solicitation letters requesting that the drivers join a lawsuit against various car dealerships. In response, the drivers sued the attorneys for violating the Driver’s Privacy Protection Act (DPPA) of 1994. The DPPA prohibited any person from obtaining or disclosing personal information from a motor vehicle record unless doing so fell under one of the statute’s 14 exceptions. In response to the lawsuit, the attorneys moved to dismiss. The attorneys claimed that their actions fell under two of the DPPA’s 14 exceptions: the solicitation exception and the litigation exception. The solicitation exception allowed for bulk distribution of solicitations, so long as the state obtained the express consent of the person whose personal information was being used. The litigation exception generally allowed for use of personal information in connection with litigation. The district court agreed that the attorneys’ conduct fell within both exceptions and granted the motion to dismiss. The Fourth Circuit affirmed but only on the litigation-exception grounds. The drivers appealed, and the United States Supreme Court agreed to review whether the conduct fell within the litigation exception.