What is the Collier Settlement all about?

The lawsuit is known as Collier, et al. v. Dickinson, et al. and is a class action lawsuit that claims certain individuals violated the Driver’s Privacy Protection Act (“DPPA”). The Plaintiff’s claim that the Department disclosed DPPA protected information. The Department denies this. After years of litigation the Court ordered the parties to work out their differences. As a result, the parties agreed to a Proposed Settlement to avoid the costs and risks of trial.

DPPA limits access to a customer’s personal information including social security number, driver license or identification number, name, address, telephone number, medical or disability information, and emergency contact information which are included in driver and motor vehicle records. There are exemptions that allow for release of this information.

What does the Proposed Settlement include?

The Settlement requires the DHSMV, to design, implement, and maintain specific, substantial written policies and procedures to enhance security measures, privacy protections, and compliance with DPPA when we obtain, use, and disclose personal information and highly restricted personal information from motor vehicle records. The parties have agreed to provide the following:

Equitable Relief

• Transparency

  • DHSMV will print statements on driver license and motor vehicle registration renewal notices and on GoRenew.com that refers the recipients to a webpage with DPPA information. Information must also be posted in offices visited by the public.

  • The DPPA website must link to the Department's public records request page and include information on companies and persons who have purchased DPPA protected information under an exemption.

  • DHSMV must create a website dedicated to DPPA.

  
  
  
• Personnel Training. DHSMV must implement training for its members on DPPA.



• Customer Credentialing. DHSMV must modify form HSMV 85054 and each of its memoranda of understanding with resellers of this information.



• Adherence to Requirements of DPPA. DHSMV must not knowingly obtain, disclose or use personal information not permitted by DPPA.

Monetary Relief. DHSMV must provide a $1 credit to each class member who registers or renews the registration of a motor vehicle with the DHSMV between July 1, 2009 and June 30, 2010.

Expense of Relief. DHSMV shall bear any and all costs for compliance.

Who receives the credit under the agreement?

Customers eligible for the credit must have held a driver license, motor vehicle registration, or identification card issued by DHSMV at any time from June 1, 2000 to September 30, 2004 (eligible period). Those eligible are referred to as class members.

Do I have to file anything or fill out any forms to be eligible for the credit?

No, you just have to meet the criteria above.

Why is this related to vehicle registrations or renewals and not driver licenses?

While the lawsuit involves information from both driver license and motor vehicle records, since most motor vehicle registrations occur annually, tying it to motor vehicle registrations allows DHSMV to provide the $1 credit within a certain year.

What is the time period during which the credit will be given?

July 1, 2009 through June 30, 2010 (credit period).

How will DHSMV apply this credit?

The Department’s registration system was programmed to identify eligible customers (class members) and automatically give credit to each class member when they do one of the following within the credit period:

• Obtain a new registration
• Renew an existing registration
• Transfer a registration with extension of the registration period for 12 or more months

Will the fees quoted on the renewal notice include the credit?

Due to the timing of the effective date, renewal notices for July, August and September of 2009 expirations were printed and mailed without the $1 credit being included. Renewal notices for registrations expiring on or after October 1, 2009 should include the credit.

If my registration expires in July 2009 but I renew in June, will the credit be applied to my renewal?

No. The Settlement does not allow the Department to apply the $1 credit for renewals done prior to July 1, 2009.

How will I receive credit if I renew before the credit period?

The Department will run a “clean up” program that will identify class members who did not receive their credit. The $1 overpayment will be credited in the following year.

I know I can renew my registration up to 90 days before it expires. If my registration expires in August and I renew in July 2009, could I then renew next year in June 2010 and receive a second credit next year?

No. The Settlement only allows one credit per class member.

If I have two vehicles, do I get credit for both?

If you are considered one class member with two vehicles the answer is no. Under the terms of the Settlement a class member is entitled to only one $1 credit regardless of the number of motor vehicles they register.

If I have multiple vehicles, which vehicle will the credit be applied to?

The credit will be applied to the first motor vehicle registration that comes up for renewal.

My wife and I own two vehicles jointly. Do we get credit for both?

If you and your wife are both class members, then yes, credit will be applied for both. If only one of the two is a class member, only one credit ($1) will be applied.

Are my husband and I both eligible for the credit?

As long as each of you held a driver license or identification card or were a registrant on a motor vehicle registration during the eligible period, you will both be eligible for the credit. However, whether or not each receives the credit depends on the number of vehicles they own jointly or singly.

Example A: John and Jane Doe are married. Both had Florida driver licenses during the eligible period. They now own two vehicles jointly. Since both are class members, each will receive a $1 credit if both vehicles are renewed during the credit period. However, let’s say John and Jane Doe only have one vehicle and do not obtain and register another motor vehicle during the credit period. The $1 credit could only be applied once during the credit period to the renewal of the registration of the jointly owned vehicle and therefore only one of the class members would receive their credit.

Example B: Jim and June Smith are married. Jim had a Florida driver license during the eligible period, but June lived in another state and did not have a Florida driver license, ID card or vehicle registered in Florida. They own two vehicles jointly. Since only Jim is a class member, the $1 credit will be applied on only one of their registrations.

Does it matter if a name is listed first or second on the registration to receive the credit?

No.

If I renewed my registration for 2 years (biennial) rather than 1 and am not required to renew during the credit period, will I get the credit?

Yes. Class members with biennial registrations would have overpaid for their 2nd year of registration and are eligible for the credit if they didn’t renew any other registration during the credit period. Credit for this overpayment will be applied when the biennial registration is renewed before July 2011.

Does this credit apply to heavy vehicles issued an IRP registration?

No. IRP registrations are issued to a business customer. Per the Settlement, the credit only applies to “natural” customers.

What types of vehicles will receive the $1 credit?

The credit applies to a registration for any type of motor vehicle, except a vessel or mobile home, as long as one of the registrants is a class member. This includes automobiles, trucks, motorcycles and RVs.

Does the credit apply to mobile homes?

No. The credit does not apply to mobile homes.

Does the credit apply to vessels?

No. The credit does not apply to vessels.

Can I get the $1 credit in cash rather than applied to my transaction?

No.

Can I decline the credit?

No.

I had a driver license during the eligible period. Can I have the $1 credit applied to my driver license transaction instead of my motor vehicle transaction?

No. Per the terms of the Settlement the credit can only be applied to a motor vehicle registration transaction.

Can I request that my credit be applied toward a voluntary fund instead of toward my transaction?

No. However, you may still choose to make a voluntary contribution during your transaction.

If I just moved to Florida and am registering my vehicle during the credit period, will I get the $1 credit?

Only if you held a driver license, identification card or registration from Florida during the eligible period.

What if I had a Florida identification card during the eligible period, but don’t own a vehicle – am I still eligible for the credit?

No. The credit can only be applied to motor vehicle registration transactions.

I am a Florida resident with the military and have been deployed. I am not required to renew during the credit period. Will I receive my credit?

No. Any class member not registering or renewing during the credit period will not receive the credit.

I had an identification card during the eligible period, but moved out of state. I am moving back and going to register my motor vehicle. Will I get the credit?

Yes.

I owned a vehicle during the eligible period, but did not have it registered. I didn’t have either a Florida driver license or identification card during the eligible period. I have since had the vehicle registered and will be renewing it during the credit period. Am I eligible to receive the credit?

No. Since you didn’t have a motor vehicle registered, a driver license or identification card during the eligible period, you are not a class member.

What if my company owns multiple vehicles, registered them during the eligible period and is registering them again during the credit period – are they eligible for the credit?

No. The $1 credit applies only to natural persons and not to companies or other organizations.

Where can I get more information?

As part of the Settlement requirements, the Department has posted information on the Collier Settlement on its website at http://www.flhsmv.gov/html/Collier.htm.