Swapp Law Firm Sued For Violating Washington's Driver's Privacy Protection Act

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Summary of the Lawsuit

The lawsuit alleges that the Swapp Law Firm violated the Driver’s Privacy Protection Act (“DPPA”) by purchasing traffic accident reports populated by motor vehicle records containing the protected personal information of the Plaintiff and the Class and misusing the personal information to send marketing materials to the Plaintiff and the Class.

Summary of the Claims

This lawsuit claims that Defendants the Swapp Law Firm (aka Craig Swapp & Associates) and Craig Swapp obtained the protected personal information of the Plaintiff and the Class without written consent to advertise their services. Defendants purchased over 10,000 accident reports from the Washington State Patrol. These accident reports were created using personal information from the motor vehicle records of the Washington Department of Motor Vehicles. After buying the accident reports at a price of $9.50 to $10.50 per report, Defendants used the protected personal information to mail advertisements of their services to motorists, the Plaintiff and the Class, who had been in motor vehicle accidents. Defendants had obtained the personal information without the explicit consent of the Plaintiff of the Class, which is a violation of the DPPA.

Class Action Allegations

This lawsuit is brought on behalf of the following persons:

All drivers identified in traffic collision reports whose Personal Information, as defined by the DPPA, was obtained by the Swapp Law Firm (d/b/a Craig Swapp & Associates) or Mr. Swapp from the Washington State Patrol between September 1, 2013 and June 23, 2017.

Excluded from the Class are (a) any individuals who are current or former clients of the Swapp Firm or Mr. Swapp, (b) any individuals who provided written consent to Defendants for the disclosure of their Personal Information (as defined by the DPPA) prior to Defendants obtaining their personal information, (c) employees of the Swapp Law Firm (including any attorneys) or of Mr. Swapp as well as any of the members of their immediate families, and (d) the Judge to whom this action is assigned as well as person working in the Judge’s chambers and the members of their families.

Status of the Litigation

The Class Action Complaint was filed on August 9, 2017. Defendants file a motion to dismiss on October 20, 2017 which the Court denied on December 21, 2107. Defendants filed their Answer to the Complaint on January 4, 2018 and then filed an Amended Answer on January 23, 2018. Plaintiffs filed a Motion for Class Certification on August 7, 2018, which the Court granted on January 25, 2019. The Court has stayed the case and referred the parties to Judge Lonny R. Suko for mediation, which is set for May 23, 2019.

Case Documents

  • Order on Motion to Strike – March 26, 2018
  • Scheduling Order – February 14, 2018
  • Order on Motion to Dismiss – December 21, 2017
  • Complaint – August 9, 2017
    • Whom to Contact for More Information

      If you are a member of the proposed class or you have information which might assist us in the prosecution of these allegations, please contact one of the following persons:

      Jason Leviton, Esq. (jason@blockesq.com) R. Joseph Barton, Esq. (jbarton@blockesq.com)
      Ming Siegel, Paralegal (ming@blockesq.com)
      Block & Leviton LLP
      1735 20th Street NW
      Washington DC 20009
      (202) 734-7046

      Block & Leviton is co-counsel in this litigation with the Law Office of Thomas G. Jarrard, PLLC and Sweetser Law Office.

      Contact us to learn more about this investigation.

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