Jerome Andries, Esq.
Reporter and Licensed Attorney
Published
September 12, 2023 11:00 AM
Updated
September 12, 2023
MAPFRE Faces Lawsuit Over Alleged Privacy Violations - Damages Sought

In the heart of Massachusetts, Brian Conway, a regular consumer, found himself entangled in a privacy nightmare that has now led to a lawsuit against MAPFRE U.S.A. Corp. and The Commerce Insurance Company. The case revolves around the alleged misuse of personal information, specifically driver's license numbers, by the insurance giant, MAPFRE.


In July 2023, MAPFRE introduced a new feature to its online sales system. This feature, seemingly designed to streamline the quoting process, auto-populated driver's license numbers once a user entered basic information. The convenience, however, came at a steep price.


"MAPFRE knowingly obtained, used, and disclosed federally protected drivers' license numbers and other motor vehicle record information through its online sales system," the lawsuit alleges. The system, as it turns out, didn't have adequate security measures in place to protect this sensitive information. The result? Unauthorized third parties found a gold mine in MAPFRE's website.


By simply entering basic information, they could access private drivers' license information for hundreds of thousands of consumers. "The auto-population feature disclosed consumers' driver's license numbers to the public without imposing security protocols," the lawsuit states.


This lack of security protocols was a direct violation of the Drivers' Privacy Protection Act (DPPA), a federal law enacted to protect the privacy of personal information assembled by State Department of Motor Vehicles (DMVs). The DPPA prohibits the disclosure of personal information without the express consent of the individual. It's clear that the alleged actions of MAPFRE not only threatened the privacy of consumers but also violated the very essence of the DPPA.


The lawsuit also accuses MAPFRE of negligence, a legal theory that requires a duty of care, a breach of that duty, and harm caused by the breach. In this case, MAPFRE had a duty to protect the personal information it collected. The alleged lack of security protocols could be seen as a breach of that duty. The harm? The potential misuse of personal information by unauthorized third parties.


Conway, along with other affected individuals, is now seeking justice. The proposed class includes individuals whose driver's license information was disclosed due to MAPFRE's sales efforts and during the data disclosure. They are seeking monetary damages and injunctive relief, including relief under the federal Declaratory Judgment Act.


"The defendants' actions threatened the privacy and safety of licensed drivers, violating the purpose of the DPPA," the lawsuit emphasizes. In the digital age, where data is the new currency, this case serves as a stark reminder of the importance of data security and the potential consequences of its neglect.

Category
Data Breach
Case number
1:23-cv-12076
Defendant
The Commerce Insurance Company; MAPFRE U.S.A. Corp
Date Filed
September 8, 2023
Jurisdiction
U.S. District Courts
Court
Massachusetts District
State
Massachusetts
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