Millions of Florida Drivers' Privacy Rights Violated after Their Personal Information is sold for Profit to Outside Organization

Top Quote On November 17, 2010, The Honorable Robert L. Hinkle, United States District Judge, certified a class of Florida drivers whose privacy rights were allegedly violated when their personal information was sold and disclosed to a private corporation. End Quote
  • Miami, FL (1888PressRelease) December 01, 2010 - The Honorable Robert L. Hinkle, United States District Judge, recently certified a class of Florida drivers whose privacy rights were allegedly violated when their personal information was sold and disclosed to a private corporation. The lawsuit, which is pending in the Northern District of Florida, claims that employees of the Florida Department of Highway Safety and Motor Vehicles violated the Driver's Privacy Protection Act, when they unlawfully sold and disseminated personal information of Florida drivers to Shadowsoft, Inc.

    "We're very pleased with the judge's decision to grant a class action certification in this case, which will help protect the privacy of all drivers throughout the State of Florida," said lead class counsel on the case, Lance A. Harke.

    The record indicates that from 2005 through July 2009, Shadowsoft received approximately 31 million Florida drivers' records. At least two contracts formalized the relationship between the Florida Department of Highway Safety and Motor Vehicles and Shadowsoft, Inc., one entered in 2006 and another in 2009. As part of the ongoing relationship, Shadowsoft received over a million records per year, as few as 2.6 million in 2003 and as many as 10.2 million in 2006.

    The class in this case is so numerous that the total number of members is nearly impossible to determine. However, the class is defined as follows: all individuals who had a Florida driver's license whose personal information was disclosed after September 30, 2004 to the present, by the Florida Department of Highway Safety and Motor Vehicles, or any agent, employee, or contractor thereof, to Shadowsoft, Inc. or The Source for Public Data.

    The Miami-based commercial litigation and consumer class action law firm of Harke Clasby & Bushman LLP, is serving as plaintiffs' lead counsel on the case.

    Miami-based Harke Clasby & Bushman LLP was established by founding partner and trial lawyer, Lance Harke in 2000. The firm represents clients throughout the state of Florida and in courts across the country in a wide range of commercial law matters related to commercial litigation, business torts, consumer class actions, securities class actions, product liability, insurance litigation, general civil litigation, general commercial litigation, civil appeals, prescription issues, employment matters, bad faith issues, professional malpractice, medical malpractice, and appellate practice.

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