9th Circuit Affirms Summary Judgment in SiriusXM's Favor in DPPA Complaint

The 9th U.S. Circuit Court of Appeals affirmed a lower court's grant to SiriusXM of summary judgment (see 1711280013) in a lawsuit against the company alleging violation of the Driver’s Privacy Protection Act (DPPA). SiriusXM was sued after sending unsolicited advertising to the buyer of a used car, using personal information provided by the dealership. In a docket 18-55169 ruling Thursday, Judges Milan Smith, Michelle Friedland and Stanley Bastian said DPPA doesn't apply where the source of personal information is a driver’s license in the possession of its owner and not a state motor vehicles department. It also agreed with the lower court's denial of the plaintiff's motion to amend the complaint to add a Computer Fraud and Abuse Act violation claim. The appellate court agreed there wasn't a viable CFAA claim since there was no qualifying loss. Smith wrote the decision. Plaintiff's outside counsel didn't comment Friday.