Newsroom - October 2008

David Russell and Jodi Zysek (in addition to many other defense counsel across the country) counted a big win when the Eastern District of Texas dismissed a class action brought on behalf of all Texas driver’s license holders against dozens of entities, including our client, which had purchased from the Texas Department of Public Safety certain driver information. Our client is a check verification company that screens checks at the point of sale for many retail merchants. A valid driver’s license is often a prerequisite for a merchant’s acceptance of a check, which information is verified against known driver’s license data obtained from state databases. Liquidated damages under the Driver’s Privacy Protection Act, the statute at issue could have amounted to $2,500 per individual. With 20 million potential class members, damages could have been staggering. A Western District of Louisiana Judge sitting by special designation (because all judges in Texas were potential class members) agreed that the plaintiffs had failed to state a claim because they could not allege that their information was obtained for an improper purpose.

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Upcoming Events

2/28/2019 - Tracy Field, a healthcare partner in our Atlanta office, will be presenting "Legal and Practical Considerations in Analyzing Potential Overpayments" at the Long Term Care and the Law program for the American Health Lawyers Association in Phoenix, Arizona, on February 28 and March 1.

3/29/2019 - Tracy Field, a healthcare partner in our Atlanta office, will be presenting "Anatomy of an Overpayment Analysis for Providers" at the North Carolina Healthcare Financial Management Association's 2019 Annual Conference in Pine Hurst, North Carolina, on March 29.

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