๐ Driver’s Privacy Protection Act (DPPA) Guide
Complete Guide to Motor Vehicle Record Access for Investigators, Skip Tracers, and Attorneys โ Permissible Uses, State Variations, and Compliance Requirements โ 2025
๐ What This Guide Covers
๐ What Is the Driver’s Privacy Protection Act?
The Driver’s Privacy Protection Act (DPPA), codified at 18 U.S.C. ยงยง 2721-2725, is a federal law enacted in 1994 that regulates access to personal information contained in state motor vehicle records. The Act was passed in response to growing concerns about the misuse of DMV records โ including the high-profile case of actress Rebecca Schaeffer, who was murdered by a stalker who obtained her home address from California DMV records. ๐
The DPPA restricts how state Departments of Motor Vehicles (DMVs) can release personal information from driver’s license applications, motor vehicle title and registration records, and other motor vehicle department records. It establishes 14 specific “permissible uses” for which DMV records can be accessed and prohibits disclosure for any purpose not listed. For skip tracers, private investigators, attorneys, and debt collectors, the DPPA defines when and how they can access one of the most valuable sources of current address and identity information. ๐
Motor vehicle records are particularly valuable for investigation and skip tracing because they contain current residential addresses (people must update their driver’s license when they move), full legal names and dates of birth, physical descriptions and photographs, Social Security numbers (in some states), and vehicle ownership and registration information. This makes DMV records one of the most reliable sources for locating people and verifying their identity. However, accessing these records requires a permissible purpose under the DPPA. โ๏ธ
๐จ DPPA Violations Carry Federal Penalties
The DPPA provides for both criminal and civil penalties. Criminal penalties include fines up to $5,000 per violation for knowing violations by state employees or agencies. Civil penalties include actual damages (not less than $2,500), punitive damages, attorney fees and costs, and equitable relief. State DMV employees who knowingly disclose records for non-permissible purposes face personal liability. Anyone who obtains or uses DMV records for purposes not authorized by the DPPA faces civil liability to the person whose records were accessed.
๐ What Records Does the DPPA Protect?
The DPPA protects “personal information” contained in motor vehicle records maintained by state DMVs. Understanding what is and is not protected is important for investigators: ๐
| Information Type | Protected? | Access Level |
|---|---|---|
| Name, Address, DOB | Yes โ Personal Information | Accessible with any of the 14 permissible uses |
| Driver’s License Number | Yes โ Personal Information | Accessible with any of the 14 permissible uses |
| Phone Number | Yes โ Personal Information | Accessible with any of the 14 permissible uses |
| Photograph | Yes โ Highly Restricted | Narrower permissible uses required |
| Social Security Number | Yes โ Highly Restricted | Narrower permissible uses required |
| Medical/Disability Info | Yes โ Highly Restricted | Narrower permissible uses required |
| Vehicle VIN, Make, Model | Not when separated from personal info | Generally accessible |
| Aggregate/Statistical Data | No | Generally accessible |
๐ “Highly Restricted” vs Standard Personal Information
“Highly restricted personal information” โ photographs, Social Security numbers, and medical/disability information โ receives additional protection under the DPPA. Access to highly restricted information is limited to an even narrower set of permissible uses than standard personal information. Depersonalized information (with all personal identifiers removed) and aggregate statistics derived from motor vehicle records are not protected by the DPPA.
โ The 14 Permissible Uses of DMV Records
The DPPA lists 14 specific purposes for which motor vehicle records may be disclosed. If your use does not fall within one of these categories, you cannot legally access DMV records containing personal information. Here are all 14 permissible uses with practical explanations for investigators and skip tracers: โ
Use by Government Agencies
Federal, state, and local government agencies carrying out their official functions. This includes law enforcement, regulatory agencies, courts, and administrative agencies.
Motor Vehicle and Driver Safety
Activities related to motor vehicle or driver safety, theft, emissions, product recalls, and performance monitoring of motor vehicles, including research activities and statistical reports.
Motor Vehicle Market Research
Legitimate business purposes related to motor vehicle market research โ surveys, statistical analysis, and marketing activities. Personal information obtained under this use may not be used for direct marketing unless the consumer has consented.
Court Orders, Subpoenas, and Legal Process
Critical for litigation. DMV records may be accessed in response to court orders, subpoenas, and other legal process. Attorneys seeking motor vehicle records for pending or anticipated litigation can use this permissible purpose.
โญ Research / Legal Proceedings (MOST IMPORTANT)
Use in connection with any civil, criminal, administrative, or arbitral proceeding โ including investigation in anticipation of litigation, service of process, execution of judgments, and enforcement of orders. This is the most important permissible use for skip tracers, investigators, and debt collectors. It allows access to DMV records for locating people for service of process, judgment collection, and pre-litigation investigation.
Insurance Activities
Use by insurers and insurance support organizations for claims investigation, antifraud activities, rating, and underwriting. Insurance companies and their investigators use this permissible purpose during fraud investigations and claims processing.
Employer Verification
Use by employers or their agents to verify information provided by commercial drivers or potential employees with commercial driver’s licenses.
Private Investigation
Use by licensed private investigators or licensed security services for any purpose permitted under the DPPA. This permissible use is available in some but not all states โ several states have restricted or eliminated this exception.
Towing and Impound
Use by towing companies to notify vehicle owners of towed or impounded vehicles.
Business Verification
Use in the normal course of business to verify the accuracy of personal information submitted by an individual. This allows businesses to confirm that a customer or applicant’s information matches DMV records.
Organ Procurement
Use for organ and tissue donation-related activities.
Recall Purposes
Use for vehicle recall and safety-related purposes by manufacturers and authorized dealers.
Written Consent
Disclosure authorized by the individual whose records are requested. If the subject consents in writing to the disclosure of their DMV records, those records may be released regardless of the requestor’s purpose.
Bulk Distribution (Restricted)
Bulk distribution of motor vehicle records for surveys, marketing, and solicitations โ subject to specific limitations and the requirement that the DMV obtain express opt-in consent from the individual.
๐ How the DPPA Affects Skip Tracing and Investigation
For skip tracers and investigators, the DPPA is both a restriction and an enabler. The permissible uses โ particularly Use #5 (litigation, service of process, judgment enforcement) and Use #8 (licensed investigators) โ allow legitimate access to DMV records for professional investigation purposes. Here’s how the DPPA affects common activities: ๐
Service of Process
Finding someone’s current address to serve them with a lawsuit falls squarely under permissible use #5. DMV records are one of the most reliable sources since people must update their address when getting or renewing their license.
Judgment Collection
Locating a debtor’s current address for judgment collection โ including levying assets and garnishing wages โ is authorized under permissible use #5. DMV records also reveal vehicle ownership for asset identification.
Vehicle Asset Searches
Vehicle asset searches identifying what vehicles a person or business owns are authorized under use #5 when conducted in connection with litigation or judgment enforcement. Vehicles may be registered at addresses not reflected in other records.
Insurance Investigations
Insurance companies and their investigators can access DMV records under permissible use #6 for claims investigation, fraud detection, and underwriting purposes.
๐ DPPA-Compliant Skip Tracing Services
Our skip tracing and vehicle search services access DMV and motor vehicle records only for permissible purposes under the DPPA. We maintain strict compliance with all federal and state privacy laws. Over 20 years of compliant investigation services. Results in 24 hours or less.
Order Skip Trace Now โ๐บ๏ธ State Variations โ Important Differences
While the DPPA is a federal law that sets minimum standards, individual states have significant latitude in how they implement and supplement the Act. Some states are more restrictive than the federal requirements, while others maintain broader access. Key state variations include: ๐บ๏ธ
๐ States that restrict licensed investigator access. While DPPA permissible use #8 allows licensed private investigators to access DMV records, some states have opted out of this provision or imposed additional restrictions. In these states, investigators must rely on other permissible uses (such as #4 or #5 relating to legal proceedings) or obtain records through legal process.
๐ Online vs in-person access. Some states provide online portals for authorized requestors to search DMV records electronically. Others require in-person requests, written applications, or requests through authorized intermediaries. The ease of access varies dramatically by state.
๐ Fee structures. Each state sets its own fees for DMV record requests. These range from a few dollars per search to significantly higher amounts. Some states charge different rates for different types of requestors or purposes.
๐ Additional state privacy protections. Some states have enacted their own motor vehicle record privacy laws that go beyond the DPPA’s requirements. California has additional restrictions on DMV record access and provides enhanced penalties for violations. Florida has expanded privacy protections for certain categories of public officials. Our skip tracing privacy laws by state guide covers these state-specific variations in detail.
๐ Opt-out provisions. Under the DPPA, states may allow individuals to opt out of having their information disclosed for certain purposes (particularly marketing-related uses). The availability and scope of opt-out rights vary by state.
๐ฐ Penalties for DPPA Violations
The DPPA provides substantial penalties for violations, creating strong incentives for compliance: ๐ฐ
| Violation Type | Penalty | Details |
|---|---|---|
| โ๏ธ Civil โ Actual Damages | Minimum $2,500 per violation | The person whose records were improperly accessed can recover actual damages, but not less than $2,500 โ even without proof of specific harm |
| ๐ฐ Civil โ Punitive Damages | Determined by court | Available in cases of willful or reckless violations โ can significantly exceed actual damages |
| ๐ Civil โ Attorney Fees | Mandatory if plaintiff prevails | The prevailing plaintiff recovers reasonable attorney fees and costs |
| ๐ด Criminal โ State Employees | Up to $5,000 per violation | State DMV employees who knowingly disclose records for non-permissible purposes face criminal fines |
| ๐ด Criminal โ False Representation | Fines + potential imprisonment | Making false representations to obtain DMV records may constitute fraud under both state and federal law |
| ๐ฅ Class Actions | Aggregated damages | When DMV records are improperly accessed in bulk, class action suits can result in massive aggregate liability |
๐ก Notable DPPA Lawsuits
Courts have taken DPPA violations seriously. In Maracich v. Spears (2013), the Supreme Court held that attorneys could not access DMV records to solicit clients for lawsuits. Multiple class actions against data brokers who improperly accessed or resold DMV records have resulted in significant settlements. Law enforcement officers who accessed DMV records without a legitimate law enforcement purpose have faced discipline and civil liability. The $2,500 minimum damages provision makes even individual violations expensive.
โ DPPA Compliance Best Practices
For investigators, skip tracers, and legal professionals who access DMV records, these best practices ensure DPPA compliance: โ
Document Your Permissible Purpose
Before accessing any DMV record, identify which of the 14 permissible uses applies to your request. Document this purpose in your case file. If you cannot identify a specific permissible use, do not access the records.
Certify Your Purpose When Required
Most state DMVs require requestors to certify their permissible purpose when requesting records. Complete these certifications honestly and accurately. Falsely certifying a permissible purpose is itself a violation โ and potentially fraud.
Limit Use to Stated Purpose
Information obtained from DMV records must be used only for the permissible purpose under which it was obtained. If you access records for service of process (use #5), you cannot then use that information for marketing purposes. Each new use requires its own permissible purpose.
Maintain Access Logs
Keep detailed records of every DMV record request โ who requested it, when, for what purpose, and what information was obtained. These logs demonstrate compliance and provide evidence if your access is ever questioned.
Restrict Redisclosure
The DPPA restricts redisclosure of DMV information. If you obtain records under a permissible use, you may only share that information for a purpose that is also permissible. Including DMV-sourced information in reports must be done carefully, with appropriate restrictions on further distribution.
Know State-Specific Requirements
Because state implementations of the DPPA vary significantly, know the specific requirements of each state where you access records. Some states require additional certifications, limit certain permissible uses, or impose stricter penalties than the federal minimum.
โ Frequently Asked Questions
๐ Related Compliance and Legal Resources
๐ Disclaimer
This guide is for educational and informational purposes only and does not constitute legal advice. The DPPA and state motor vehicle record privacy laws are complex and subject to change. This guide provides a general overview and should not be relied upon as a substitute for legal counsel from an attorney specializing in privacy law. People Locator Skip Tracing accesses motor vehicle records only for permissible purposes under the DPPA and applicable state laws โ we do not provide legal advice or legal representation. Information current as of 2025.
