maracich
et
al
spears
et
argued
january
decided
june
respondent
attorneys
submitted
several
state
freedom
information
act
foia
requests
south
carolina
dmv
seeking
names
addresses
thousands
individuals
order
solicit
clients
lawsuit
pending
several
south
carolina
car
dealerships
violation
state
law
protects
car
purchasers
dealership
actions
arbitrary
bad
faith
unconscionable
using
personal
information
provided
dmv
respondents
sent
car
purchasers
letters
headed
advertising
material
explained
lawsuit
asked
recipients
return
enclosed
reply
card
wanted
participate
case
petitioners
south
carolina
residents
sued
respondents
violating
federal
driver
privacy
protection
act
dppa
obtaining
disclosing
using
petitioners
personal
information
motor
vehicle
records
bulk
solicitation
without
express
consent
respondents
moved
dismiss
claiming
information
properly
released
dppa
exception
permitting
disclosure
personal
information
use
connection
civil
criminal
administrative
arbitral
proceeding
including
investigation
anticipation
litigation
district
held
respondents
letters
solicitations
use
information
fell
within
litigation
exception
fourth
circuit
affirmed
concluding
letters
solicitation
solicitation
intertwined
conduct
satisfied
exception
held
attorney
solicitation
clients
permissible
purpose
covered
litigation
exception
pp
state
dmvs
generally
require
someone
seeking
driver
license
registering
vehicle
disclose
detailed
personal
information
name
address
telephone
number
social
security
number
medical
information
dppa
responding
threat
stalkers
criminals
acquire
state
dmv
information
concerns
common
practice
selling
information
direct
marketing
solicitation
businesses
bans
disclosure
absent
driver
consent
personal
information
names
addresses
telephone
numbers
well
highly
restricted
personal
information
photographs
social
security
numbers
medical
disability
information
unless
exemptions
applies
subsection
permits
disclosure
personal
information
highly
restricted
personal
information
subsection
permits
disclosure
personal
information
pp
respondents
solicitation
prospective
clients
neither
use
connection
litigation
investigation
anticipation
litigation
pp
phrase
connection
provides
little
guidance
without
limiting
principle
consistent
dppa
purpose
provisions
see
new
york
state
conference
blue
cross
blue
shield
plans
travelers
ins
consistent
interpretation
also
required
exception
dppa
general
ban
disclosure
personal
information
ban
release
highly
restricted
personal
information
exception
general
policy
statement
usually
read
narrowly
order
preserve
provision
primary
operation
commissioner
clark
reading
permit
disclosure
personal
information
connection
protected
information
potential
legal
dispute
substantially
undermine
dppa
purpose
protecting
right
privacy
motor
vehicle
records
subsection
connection
language
must
limit
logical
necessary
conclusion
attorney
solicitation
prospective
clients
falls
outside
limit
pp
attorney
solicitation
new
clients
distinct
attorney
conduct
behalf
client
solicitation
lawyer
remunerative
employment
business
transaction
ohralik
ohio
state
bar
state
bars
treat
solicitation
discrete
professional
conduct
excluding
solicitation
meaning
connection
litigation
draws
support
examples
permissible
litigation
uses
service
process
investigation
anticipation
litigation
execution
enforcement
judgments
orders
involve
attorney
conduct
officer
commercial
actor
similarly
investigation
anticipation
litigation
best
understood
allow
background
research
determine
supportable
theory
complaint
theory
sufficient
avoid
sanctions
filing
frivolous
lawsuit
help
locate
witnesses
deposition
trial
pp
reading
also
supported
fact
allows
use
sensitive
personal
information
permitting
use
solicitation
substantial
intrusion
privacy
must
assumed
without
clear
explicit
language
absent
congress
intended
exempt
attorneys
dppa
liability
regard
pp
limiting
reach
also
respects
statutory
purpose
design
evident
subsection
allows
solicitation
persons
given
express
consent
names
addresses
disclosed
purpose
subsection
implements
important
objective
dppa
restrict
disclosure
personal
information
motor
vehicle
records
businesses
purpose
direct
marketing
solicitation
exceptions
construed
interfere
objective
unless
text
commands
reading
connection
phrase
include
solicitation
permit
attorney
use
personal
information
state
dmv
send
bulk
solicitations
prospective
clients
without
express
consent
thus
creating
significant
tension
dppa
litigation
solicitation
exceptions
pp
reading
also
affect
interpretation
exception
allows
insurer
certain
others
obtain
dmv
information
use
connection
underwriting
exception
permits
disclosure
use
personal
information
connection
operation
private
toll
roads
pp
respondents
contend
line
drawn
mere
trolling
clients
solicitation
tied
specific
legal
dispute
tenable
distinction
dppa
supports
drawing
line
solicitation
solicitation
aid
attorney
bringing
lawsuit
increasing
size
question
whether
lawyers
use
personal
information
protected
dppa
purpose
mere
fact
respondents
complied
state
bar
rules
governing
solicitations
also
resolve
whether
entitled
access
personal
information
state
dmv
database
purpose
determining
whether
obtaining
using
disclosing
personal
information
prohibited
purpose
solicitation
proper
inquiry
whether
defendant
purpose
solicit
might
evident
communication
defendant
course
conduct
predominant
purpose
entitle
attorneys
information
even
solicitation
aggregate
class
action
attorneys
also
alternatives
aggregate
class
including
soliciting
plaintiffs
traditional
permitted
advertising
may
obtain
information
proper
investigative
use
although
fourth
circuit
held
letters
solicitations
found
communications
nonetheless
exempt
inextricably
intertwined
permissible
litigation
purposes
however
use
personal
information
predominant
purpose
solicitation
protected
remand
necessary
apply
proper
standard
determine
predominant
purpose
respondents
letters
pp
work
rule
lenity
dppa
text
structure
resolve
ambiguity
phrases
connection
investigation
anticipation
litigation
pp
remand
courts
must
determine
whether
respondents
letters
viewed
objectively
predominant
purpose
solicitation
may
address
whether
respondents
conduct
permissible
exception
defenses
properly
preserved
pp
vacated
remanded
kennedy
delivered
opinion
roberts
thomas
breyer
alito
joined
ginsburg
filed
dissenting
opinion
scalia
sotomayor
kagan
joined
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
edward
maracich
et
petitioners
michael
eugene
spears
et
al
writ
certiorari
appeals
fourth
circuit
june
justice
kennedy
delivered
opinion
concerned
personal
information
collected
licensing
motor
vehicle
drivers
released
even
sold
resulting
loss
privacy
many
persons
congress
provided
federal
statutory
protection
enacted
driver
privacy
protection
act
referred
dppa
see
dppa
regulates
disclosure
personal
information
contained
records
state
motor
vehicle
departments
dmvs
disclosure
personal
information
prohibited
unless
purpose
permitted
listed
statutory
subsections
see
case
involves
interpretation
one
exceptions
subsection
exception
permits
obtaining
personal
information
state
dmv
use
connection
judicial
administrative
proceedings
including
investigation
anticipation
litigation
question
presented
whether
attorney
solicitation
clients
lawsuit
falls
within
scope
respondents
trial
lawyers
licensed
practice
south
carolina
obtained
names
addresses
thousands
individuals
south
carolina
dmv
order
send
letters
find
plaintiffs
lawsuit
filed
car
dealers
violations
south
carolina
law
petitioners
south
carolina
residents
whose
information
obtained
used
without
consent
sued
respondents
violating
dppa
respondents
claimed
solicitation
letters
permitted
subsection
light
text
structure
purpose
dppa
holds
attorney
solicitation
clients
permissible
purpose
covered
litigation
exception
state
south
carolina
protect
purchasers
motor
vehicles
enacted
south
carolina
regulation
manufacturers
distributors
dealers
act
mdda
june
respondent
attorneys
approached
car
purchasers
complained
administrative
fees
charged
car
dealerships
certain
south
carolina
counties
allegedly
violation
mdda
state
statute
prohibits
motor
vehicle
dealers
engaging
action
arbitrary
bad
faith
unconscionable
causes
damage
parties
public
code
ann
mdda
provides
one
may
sue
benefit
whole
action
one
common
general
interest
many
persons
parties
numerous
impracticable
bring
june
one
respondent
attorneys
submitted
state
freedom
information
act
foia
request
south
carolina
dmv
determine
charging
illegal
administrative
fees
common
practice
lawsuit
brought
representative
action
mdda
attorney
letter
dmv
requested
information
regarding
rivate
purchases
new
used
automobiles
spartanburg
county
week
may
including
name
address
telephone
number
buyer
dealership
purchased
type
vehicle
purchased
date
purchase
app
letter
explained
request
made
anticipation
litigation
pursuant
exception
usc
driver
privacy
protection
act
ibid
south
carolina
dmv
provided
requested
information
august
respondents
submitted
second
foia
request
dmv
also
asserting
made
anticipation
litigation
pursuant
exception
usc
car
purchasers
five
additional
counties
week
august
respondents
filed
suit
south
carolina
state
behalf
four
consumers
originally
contacted
case
referred
parties
herron
suit
complaint
herron
suit
named
dealers
defendants
invoked
mdda
group
action
provision
assert
claims
benefit
south
carolina
car
buyers
wh
paid
administrative
fees
dealers
time
period
dealer
defendants
herron
suit
filed
motions
dismiss
lack
standing
none
named
plaintiffs
purchased
cars
october
motions
dismiss
pending
respondents
submitted
new
foia
request
south
carolina
dmv
request
citing
subsection
dppa
sought
locate
additional
car
buyers
serve
plaintiffs
dealers
moved
dismiss
october
respondents
filed
amended
complaint
added
four
named
plaintiffs
increased
number
defendant
dealers
defendant
dealerships
engaged
transactions
eight
named
plaintiffs
filed
motions
dismiss
lack
standing
january
using
personal
information
obtained
south
carolina
dmv
respondents
sent
mass
mailing
find
car
buyers
serve
additional
plaintiffs
litigation
dealers
later
january
respondents
made
three
foia
requests
south
carolina
dmv
seeking
personal
information
concerning
people
purchased
cars
additional
dealerships
citing
exception
south
carolina
dmv
granted
requests
january
respondents
mailed
second
round
letters
car
buyers
whose
personal
information
disclosed
dmv
respondents
sent
additional
rounds
letters
march
march
may
five
separate
mailings
sent
different
recipients
total
respondents
used
information
obtained
foia
requests
send
letters
car
purchasers
south
carolina
opinion
refers
communications
sent
respondents
simply
letters
letters
essentially
heading
advertising
material
letters
explained
lawsuit
south
carolina
dealers
asked
recipients
contact
interested
participating
case
attached
letter
reply
card
asked
questions
recipient
contact
information
car
purchase
ended
sentence
interested
participating
followed
signature
line
text
letter
reply
set
full
appendix
infra
accordance
south
carolina
rule
professional
conduct
regulates
solicitation
prospective
clients
respondents
filed
copy
letter
list
recipients
names
addresses
south
carolina
office
disciplinary
counsel
june
respondents
sought
amend
complaint
add
plaintiffs
denied
leave
amend
held
named
plaintiffs
standing
sue
dealerships
purchased
automobiles
alleged
september
respondents
filed
two
new
lawsuits
behalf
additional
car
buyers
subsequent
cases
consolidated
herron
suit
claims
dealerships
without
corresponding
dropped
case
petitioners
south
carolina
residents
whose
personal
information
obtained
respondents
south
carolina
dmv
used
without
consent
send
solicitation
letters
asking
join
lawsuits
car
dealerships
petitioner
edward
maracich
received
one
letters
march
personal
information
disclosed
respondents
one
many
buyers
particular
dealership
maracich
also
happened
dealership
director
sales
marketing
petitioners
martha
weeks
john
tanner
received
letters
respondents
may
response
letter
tanner
called
richard
harpootlian
one
respondent
attorneys
listed
letter
according
tanner
harpootlian
made
aggressive
sales
pitch
sign
tanner
client
lawsuit
without
asking
circumstances
purchase
petitioners
filed
instant
putative
action
lawsuit
district
district
south
carolina
complaint
alleged
respondents
violated
dppa
obtaining
disclosing
using
personal
information
motor
vehicle
records
bulk
solicitation
without
express
consent
petitioners
class
members
respondents
moved
dismiss
information
contended
subject
disclosure
falls
within
two
statutory
exceptions
dppa
pertaining
governmental
functions
pertaining
litigation
summary
judgment
district
held
matter
law
respondents
letters
solicitations
use
information
fell
within
litigation
exception
app
pet
cert
district
also
found
respondents
use
personal
information
permitted
exception
appeals
fourth
circuit
affirmed
unlike
district
found
letters
solicitation
within
meaning
dppa
held
solicitation
accepted
expected
element
inextricably
intertwined
conduct
satisfying
litigation
exception
dppa
solicitation
actionable
granted
certiorari
address
whether
solicitation
clients
permissible
purpose
obtaining
personal
information
state
dmv
dppa
exception
ii
obtain
driver
license
register
vehicle
state
dmvs
general
rule
require
individual
disclose
detailed
personal
information
including
name
home
address
telephone
number
social
security
number
medical
information
see
reno
condon
enactment
dppa
responded
least
two
concerns
personal
information
contained
state
motor
vehicle
records
first
growing
threat
stalkers
criminals
acquire
personal
information
state
dmvs
second
concern
related
common
practice
selling
personal
information
businesses
engaged
direct
marketing
solicitation
address
concerns
dppa
establishes
regulatory
scheme
restricts
ability
disclose
driver
personal
information
without
driver
consent
dppa
provides
unless
one
exceptions
applies
state
dmv
shall
knowingly
disclose
otherwise
make
available
personal
information
highly
restricted
personal
information
ersonal
information
information
identifies
individual
including
driver
identification
number
name
address
telephone
number
include
information
vehicular
accidents
driving
violations
driver
status
ighly
restricted
personal
information
defined
individual
photograph
image
social
security
number
medical
disability
information
dppa
makes
unlawful
person
knowingly
obtain
disclose
personal
information
motor
vehicle
record
use
permitted
section
title
person
knowingly
obtains
discloses
uses
personal
information
motor
vehicle
record
purpose
permitted
chapter
shall
liable
individual
information
pertains
dppa
disclosure
ban
subject
exceptions
set
forth
personal
information
may
disclosed
two
exceptions
relevant
purpose
case
litigation
exception
subsection
solicitation
exception
litigation
exception
one
four
provisions
permitting
disclosure
personal
information
also
highly
restricted
personal
information
provides
information
may
disclosed
use
connection
civil
criminal
administrative
arbitral
proceeding
federal
state
local
agency
body
including
service
process
investigation
anticipation
litigation
execution
enforcement
judgments
orders
pursuant
order
federal
state
local
solicitation
exception
provides
certain
personal
information
including
highly
restricted
personal
information
may
disclosed
bulk
distribution
surveys
marketing
solicitations
state
obtained
express
consent
person
personal
information
pertains
solicitation
exception
originally
enacted
provision
allowing
state
dmvs
disclose
personal
information
purposes
solicitation
dmv
gave
individuals
opportunity
prohibit
disclosures
congress
changed
regime
requiring
driver
affirmative
consent
solicitations
sent
see
condon
supra
iii
respondents
liability
depends
whether
use
personal
information
acquired
south
carolina
dmv
solicit
clients
constitutes
permissible
purpose
dppa
district
held
respondents
conduct
permissible
exceptions
appeals
ruled
conduct
permissible
unlike
district
address
alternative
argument
conduct
also
permissible
appeals
exception
discussed
respondents
claim
entitled
obtain
use
petitioners
personal
information
based
two
phrases
first
disclosure
personal
information
permitted
use
connection
civil
criminal
administrative
arbitral
proceeding
second
use
connection
litigation
includes
investigation
anticipation
litigation
ibid
respondents
contend
solicitation
prospective
clients
especially
circumstances
case
use
connection
litigation
investigation
anticipation
litigation
considered
isolation
without
reference
structure
purpose
dppa
exception
allowing
disclosure
personal
information
use
connection
civil
criminal
administrative
arbitral
proceeding
investigation
anticipation
litigation
susceptible
broad
interpretation
language
literal
terms
interpreted
broadest
reach
include
personal
information
respondents
obtained
limits
placed
text
exception
uses
personal
information
remote
relation
litigation
exempt
phrase
connection
essentially
indeterminat
connections
like
relations
nowhere
new
york
state
conference
blue
cross
blue
shield
plans
travelers
ins
phrase
connection
provides
little
guidance
without
limiting
principle
consistent
structure
statute
provisions
see
simply
must
go
beyond
unhelpful
text
frustrating
difficulty
defining
look
instead
objectives
erisa
statute
see
also
california
div
labor
standards
enforcement
dillingham
applying
provision
according
terms
project
doomed
failure
since
many
curbstone
philosopher
observed
everything
related
everything
else
interpretation
consistent
statutory
framework
design
also
required
exception
dppa
general
prohibition
disclosure
personal
information
ban
release
highly
restricted
personal
information
exception
general
statement
policy
usually
read
narrowly
order
preserve
primary
operation
provision
commissioner
clark
true
dppa
exceptions
permit
disclosure
personal
information
range
circumstances
unless
commanded
text
however
exceptions
operate
farthest
reach
linguistic
possibilities
result
contravene
statutory
design
cf
cowan
ernest
codelia
supp
sdny
rejecting
argument
defense
counsel
obtaining
dmv
home
address
assistant
district
attorney
send
harassing
letter
permissible
use
connection
ongoing
criminal
proceeding
read
permit
disclosure
personal
information
whenever
connection
protected
information
potential
legal
dispute
shown
undermine
substantial
way
dppa
purpose
protecting
individual
right
privacy
motor
vehicle
records
connection
language
must
limit
logical
necessary
conclusion
attorney
solicitation
prospective
clients
falls
outside
limit
proposition
solicitation
distinct
form
conduct
separate
conduct
connection
litigation
permitted
demonstrated
words
statute
formal
rules
issued
bar
organizations
governing
boards
state
statutes
regulations
govern
direct
attorneys
reference
duties
litigation
clients
public
opinion
explains
detail
statute
treats
bulk
solicitation
absent
consent
discrete
act
statute
prohibits
limited
examples
permissible
litigation
purposes
provided
distinct
ordinary
commercial
purpose
solicitation
canons
ethics
used
bar
associations
treat
solicitation
discrete
act
act
subject
specific
regulation
state
statutes
including
statutes
state
south
carolina
treat
solicitation
discrete
subject
regulation
governance
profession
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