Santa Clara, CA: A privacy violations class action lawsuit has been filed against National Recall & Data Services, Inc., Charles Holley, Naviss, L.L.C., Clayton Logomasini, and Jason Chrisco, (the defendants) over allegations that they obtained Class Members’ Motor Vehicle Records, (hereinafter referred to as MVRs”), from State Motor Vehicle Departments, without their express consent, for purposes that violated the Driver’s Privacy Protection Act (DPPA).
The lawsuit, brought by plaintiffs Mark Laning and Arthur Lopez, individually, and on behalf of themselves and all others similarly situated, further asserts that the defendants re-disclosed, directly or indirectly, plaintiff’s and class members’ MVRs, without their express consent, for purposes that violated the DPPA; and that they re-sold, directly or indirectly, plaintiff’s and class members’ MVRs, without their express consent, for purposes that violated the DPPA.
According to the suit, Laning and Lopes both allege their motor vehicle records were obtained by Defendant National Recall & Data Services, Inc. and Defendant Charles Holley then re-disclosed and/or resold to National Affiliates for purposes that included direct marketing use, which resulted in direct marketing letters being sent to Laning and Lopez, without their express consent, by “Vehicle Administration Center”, an affiliation of Naviss, L.L.C., and owned by Clayton Logomasini, and Jason Chrisco.
Due to the concerns regarding the improper uses of motor vehicle records by the marketing industry, the DPPA initially enacted in 1994, was amended in 1999 to change the law to eliminate the practice of selling personal information.
The plaintiffs are seeking an award to Class Members of damages, including but not limited to: compensatory, statutory, exemplary, aggravated, and punitive damages, as permitted by law and in such amounts to be proven at trial. Plaintiffs are represented by the Law Office of Joseph H. Malley P.C. .
