The Supreme Court has granted review in a case under the federal Driver’s Privacy Protection Act (DPPA) where plaintiffs’ lawyers used a state FOIA statute to obtain targets for solicitation to become plaintiffs in a case against car dealers for allegedly excessive fees. The case presents a conflict between the prohibition against obtaining drivers’ records for marketing and the statutory permission to use the records in connection with litigation.
The D.C. Circuit Court of Appeals has dismissed as moot a lawsuit challenging the applicability to lawyers of the “Red Flags Rule,” which requires financial institutions and creditors to implement identity theft prevention programs. The organized Bar had challenged the applicability of the Rule to lawyers and had won in the lower court. Since the Red Flag Clarification Act recently passed by Congress would exempt most lawyers from coverage under the Rule, the Court found that litigation no longer is necessary or appropriate.
District Court Rules that Red Flags Rule Don’t Apply to Lawyers