Maracich v. Spears
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| Case Term | OT 2012 |
| Category | Business Law |
| Question Presented | (1) Whether the Fourth Circuit erred in holding that lawyers who obtain, disclose, or use personal information solely to find clients to represent in an incipient lawsuit – as opposed to evidence for use in existing or potential litigation – may seek solace under the litigation exception of the Driver’s Privacy Protection Act of 1994 (DPPA), 18 U.S.C. §§ 2721-2725; and (2) whether the Fourth Circuit erred in reaching the conclusion that a lawyer who files an action that effectively amounts to a “place holder” lawsuit may thereafter use DPPA-protected personal information to solicit plaintiffs for that action through a direct mail advertising campaign on the grounds that such use is “inextricably intertwined” with “use in litigation.” |
| Lower Court's Decision | |
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Merit Briefs:Certiorari-Stage Documents: |