Park Happy Unlawfully Obtains Driver Data from DMVs to Mail Citations, Class Action Lawsuit Claims

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action lawsuit alleges Park Happy unlawfully acquires drivers’ personal data from departments of motor vehicles (DMVs) to mail them parking citations.

Get the latest open class action lawsuits sent to your inbox. Sign up for ClassAction.org’s free weekly newsletter.

The 14-page Park Happy lawsuit claims the company, which operates parking lots and garages throughout Tennessee, has run afoul of the Driver’s Privacy Protection Act (DPPA), a federal law that regulates the disclosure and use of private information found in motor vehicle records. The class action suit contends that Park Happy has violated the DPPA by knowingly obtaining drivers’ mailing addresses and other personal data from DMV records without their written authorization.

Per the case, Park Happy uses license plate recognition technology to capture an image of the license plate on each vehicle that enters and exits its parking facilities. The company then uses this data to obtain consumers’ motor vehicle records in order to mail them a violation notice, the complaint says.

Park Happy’s use of official motor vehicle records to send parking citations is not a legitimate use of drivers’ private information under the DPPA, the filing asserts.

The plaintiff, a Tennessee resident, says he parked in a Park Happy facility in November 2023. The man claims to have later received a violation notice from the company that included a photograph of his license plate taken by Park Happy’s on-site camera.

According to the suit, the plaintiff never provided the company with his identifying information or authorized it to obtain his records in any capacity.

“Park Happy’s entire business model is based on flouting the DPPA and abusing official motor vehicle data to harass and extort consumers,” the case charges. “[The plaintiff’s] Complaint seeks stop [sic] Park Happy’s unlawful conduct and compensate consumers whose privacy rights have been blatantly violated.”

The lawsuit looks to represent anyone whose personal information, as defined by the DPPA, was obtained by Park Happy from the person’s motor vehicle record without their prior express written consent at any time in the last four years.

Did you know that some class action settlements require no proof to submit a claim? Check out the latest open class action settlements.