Consumer protection – Driver’s Privacy Protection Act – Advertising inserts

Where a putative class action was brought alleging that the defendant violated the Driver’s Privacy Protection Act by sending out advertisements along with motor vehicle registration renewal notices pursuant to a contract with the Massachusetts Registry of Motor Vehicles, a judgment for the defendant must be affirmed under the statute’s government function exception.

Downing v. Globe Direct LLC (Lawyers Weekly No. 01-144-12) (17 pages) (Stahl, J.) (1st Circuit) Appealed from a decision by Tauro, J., in the U.S. District Court for the District of Massachusetts. Ian J. McLoughlin, with whom Edward F. Haber, Norman M. Monhait, Rosenthal, Monhait & Goddess and Shapiro Haber & Urmy were on brief, for the plaintiff-appellant; Joel A. Mintzer, with whom Stephen M. Ferguson, George Freeman, Lisa Anne Furnald, Andrea K. Naef, Chad Michael Shandler, Richards, Layton & Finger and Robins, Kaplan, Miller & Ciresi were on brief, for the defendant-appellee (Docket No. 11-2075) (June 4, 2012).