Sirius XM, Car Buyer at Odds Over Class-Action DPPA Complaint

SiriusXM and a California motorist are at odds over a lawsuit alleging violations of the Driver's Privacy Protection Act (DPPA) for sending out solicitations and calling new buyers of satellite radio-enabled cars. In a docket 5:17-cv-01724 motion (in Pacer) for summary judgment Monday in U.S. District Court in Riverside, the company said it's not a DPPA violation to access or use information provided by a consumer pursuant to a business transaction, such as buying a car, and a motor vehicle record under the DPPA doesn't include information obtained from a source other than the department of motor vehicles. In a motion (in Pacer) to certify the class, plaintiff James Andrews said the name and address information in the dealer management system came from his California driver's license, thus constituting a motor vehicle record. Andrews said the proposed class could number more than 100,000.