ILNews

BMV policy needed to prevent identity theft

Back to TopCommentsE-mailPrintBookmark and Share

The inconvenience of a few Hoosiers outweighs the very real threat of identity theft, so the trial court was correct in denying a preliminary injunction against the Bureau of Motor Vehicle's verification of records using Social Security Administration data, the Indiana Court of Appeals ruled today. Judge Patricia Riley dissented, believing the BMV needs to have legislation amended before it can institute its policy.

Although the class of affected plaintiffs showed the BMV's challenged policy violates constitutional guarantees of due process, a preliminary injunction wouldn't be in the public's interest, wrote Judge Cale Bradford for the majority in the interlocutory appeal of Lyn Leone, et al. v. Commissioner, Indiana Bureau of Motor Vehicles, et al., No. 49A02-0804-CV-377. The plaintiffs - a class of people who received letters from the BMV notifying them that their information on record didn't match that from the Social Security Administration - sought a preliminary injunction against enforcement of the policy of revoking licenses or ID cards if the BMV records aren't updated.

While the class appeal of the denial of its motion for a preliminary injunction was pending, the BMV filed Indiana Administrative Code Title 140, Rule 7-1.1-2, which appears to adopt the policy of verifying records against data from the SSA.

The majority determined the BMV's new policy doesn't violate Indiana law, and there's no authority that explains why requiring a person to update information with the SSA or BMV violates the law, wrote Judge Bradford. The public interest in preventing identity theft requires that one must "bear the consequences, including the inconveniences, of changing one's name."

The new policy does violate due process because the BMV acted without ascertainable standards for current license and ID holders. Nowhere in the first two letters is the concept of "updating" information with the BMV explained, wrote Judge Bradford, and the notices are inconsistent. In addition, the majority believed the rule promulgated by the BMV after the litigation began only serves to increase the confusion. Although the BMV can require a match between its and the SSA's information, it failed to give the class members fair notice regarding this requirement, he wrote.

The motion for preliminary injunction failed because it would clearly disserve the public interest in preventing and detecting identity theft. Suspending the program would have the effect of restoring a well-known avenue for fraud and identity theft.

"We simply cannot agree that the inconvenience of a few Hoosiers (which is really all the record before us shows) outweighs the very real threat that identity theft poses to all of us," he wrote. "We do not doubt that the loss of a driver's license or identification card could be highly inconvenient, but we imagine that, as a general rule, being the victim of identity theft would be far worse."

Judge Patricia Riley in her dissent wrote the majority ignored the "factual history" of the plaintiffs that are being "hassled" by the BMV's policy shift. The three named plaintiffs of the class in this case had used the names the BMV had on file for numerous years and in different records, such as on the Roll of Attorneys or to pay bills. They all had valid drivers' licenses at the point the BMV sent them letters threatening to revoke them because of discrepancies. According to I.C. Sections 9-24-11-5(a)(1) and 9-24-16-3(b)(1), the plaintiffs provided their "full legal names" to the BMV.

"If the BMV now thinks that in the day and age of identity theft that applicants for drivers licenses or identification cards should provide their name as it appears in the SSA database, then the BMV has the opportunity to approach our legislature and seek an amendment to Indiana Code Sections 9-24-11-5(a)(1) and 9-24-16-20 3(b)(1)," she wrote.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT