DALLAS – The plaintiffs who had filed a lawsuit on behalf of millions of Texans over allegations a company obtained and illegally sold information about owners' automobiles have requested that all claims be dismissed without prejudice.
The motion to dismiss was filed by the plaintiffs in the Dallas Division of the Northern District of Texas July 14, citing National Recall and Data Services "fails to possess adequate assets to satisfy a judgment."
Judge Karen Gren Scholer granted Mark Laning and Arthur Lopez’s motion for voluntary dismissal of their lawsuit against National Recall and Data Services, et al. July 16.
In their original complaint filed Aug. 13, 2016, plaintiffs filed a class action against National Recall & Data Services Inc., Charles Holley, Naviss LLC, Clayton Logomasini, Jason Chrisco and Doe individuals and corporations 1-100 inclusive. They alleged that they were "victims of unfair, deceptive, and unlawful business practices, and that their privacy and security rights were violated by defendants,” the complaint stated.
In their original complaint filed Aug. 13, 2016, plaintiffs filed a class action against National Recall & Data Services Inc., Charles Holley, Naviss LLC, Clayton Logomasini, Jason Chrisco and Doe individuals and corporations 1-100 inclusive. They alleged that they were "victims of unfair, deceptive, and unlawful business practices, and that their privacy and security rights were violated by defendants,” the complaint stated.
Plaintiffs said in their petition to the court that this information was “negligently re-disclosed and/or resold to National Affiliates (Doe corporations) for direct marketing, without class members’ authorization and express consent.”
Both plaintiffs said their motor vehicle records were obtained by National Recall & Data Services Inc. and Holley and sold to the Doe individuals and corporations. Subsequently, they each received a letter purportedly sent by a Vehicle Administration Center. They determined that this was an affiliation of Naviss LLC and owned by Logomasini and Chrisco.
In their petition, Laning and Lopez requested “a permanent injunction enjoining and restraining defendants, and all persons or entities acting in concert with them during the pendency of their action and thereafter perpetually, from obtaining, directly or indirectly, re-disclosing, and/or re-selling plaintiff's and class members' motor vehicle records.”
As stated in their petition to the court, plaintiffs also requested an award to class members of “damages, including but not limited to compensatory, statutory, exemplary, aggravated and punitive damages, as permitted by law and in such amounts to be proven at trial.”
The plaintiffs are represented by Joseph H. Malley of the Law Office of Joseph H. Malley in Dallas.