Lawsuits allege that two companies use information from Florida drivers' records in violation of federal law.
By Associated Press
Published June 28, 2003
WEST PALM BEACH - A rabbi is suing two of the nation's largest information brokers, claiming they violated a federal privacy law by gleaning personal information from Florida drivers' records.
Rabbi Joel Levine seeks class action certification against ChoicePoint Inc. in Georgia and Reed Elsevier Inc., the Massachusetts parent company of LexisNexis.
The lawsuits allege that the companies obtained Florida Department of Highway Safety and Motor Vehicles records in violation of the federal Driver Privacy Protection Act. Those records include people's names, addresses, birth dates and other facts on motor vehicle titles, the suits contend.
The suits are part of a campaign challenging the state's handling of the records, although Florida's motor vehicle department is not a defendant in either case.
Attorneys David Sales and James Green filed the lawsuits May 30 in federal court in West Palm Beach with Levine as the lead plaintiff. The federal Driver Privacy Protection Act was passed in 1994. A 1999 amendment mandates that for a state to release a driver's personal information to the public, drivers must "opt in" - consenting to the release of those details.
But Levine's lawsuits argue that in Florida, drivers must "opt out" - telling the state they don't want the information released.
Florida makes more than $27-million annually by selling information in motorists' records.
The lawsuits seek $2,500 for every time since June 1, 2000 - when Levine's attorneys say the "opt in" law should have taken effect - that the state has released an individual's personal information without that person's consent.
With 13-million licensed drivers and more than 15-million registered motor vehicles in Florida, the damages sought against the two companies could be in the billions.
Both ChoicePoint and LexisNexis released statements Thursday saying they are very protective of personal privacy.
The Florida American Civil Liberties Union asked U.S. Attorney General John Ashcroft in March to enforce the law and sent a copy of the request to Gov. Jeb Bush, but Green said neither responded.
"Florida thumbs its nose," Green said. "They've known about this since 1999. We're going to enforce it by making it too expensive for these data miners to use."
