Eleventh Circuit Weighs In On DPPA Remedies Provision

In Ela v. Kathleen Destefano, the Eleventh Circuit recently commented on the remedies provision of the Driver's Privacy Protection Act ("DPPA"), holding that the liquidated damages provision does not apply to individual violations of the statute in instances where multiple violations are alleged.

As background, plaintiff Theresa Ann Ela sued Kathleen Destefano, an Orange County, Florida sheriff's deputy, under the DPPA for improperly accessing and viewing her private information on the state's driver's license databases.  Following a jury trial, the district court granted Ela's motion for judgment as a matter of law and held that Destefano was liable under the DPPA.  The jury then found that Destefano violated the DPPA 101 times but also found that her actions did not cause Ela to suffer any actual damages.