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KEHOE v. FIDELITY FEDERAL BANK & TRUST

No. 04-13306.

421 F.3d 1209 (2005)

James KEHOE, Plaintiff-Appellant, v. FIDELITY FEDERAL BANK & TRUST, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 26, 2005.

Attorney(s) appearing for the Case

Roger Slade, Pathman, Lewis, P.A., Joel S. Perwin, Miami, FL, Stuart A. Davidson, Paul J. Geller, Lerach Coughlin Stoia Geller Rudman & Robbins, LLP, Boca Raton, FL, for Kehoe.

Roy Edmund Fitzgerald, III, Lorin Louis Mrachek, Alan B. Rose, Page, Mrachek, Fitzgerald & Rose, P.A., West Palm Beach, FL, for Defendant-Appellee.

Chris Jay Hoofnagle, Elec. Privacy Info. Ctr., Washington, DC, Roberto Mario Vargas, Jones Foster Johnston & Stubbs, P.A., West Palm Beach, FL, Ronald I. Raether, Jr., Jeffrey T. Cox, Faruki Ireland & Cox, P.L.L., Dayton, OH, for Amicus Curiae.

Before DUBINA and WILSON, Circuit Judges, and COOGLER, District Judge.

WILSON, Circuit Judge:

This appeal requires that we engage in an exercise of statutory interpretation. The statute at issue is the Driver's Privacy Protection Act, 18 U.S.C. § 2721, et seq. ("DPPA"). Having considered the plain text of the statute, we conclude that a plaintiff need not prove actual damages to recover liquidated damages for a violation of the DPPA. Since the district court reached a contrary conclusion, we reverse and remand.

I...

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