A Rockland collection agency has been accused of violating a federal privacy law by using state motor vehicle records to track down people.
Oguz F. Magden accused Oxygen XL, of Spring Valley, of violating the Driver’s Privacy Protection Act, in a complaint filed on Oct. 23 in U.S. District Court, White Plains.
“Oxygen XL’s entire business model,
the complaint states, “is based on abusing official motor vehicle data to harass, intimidate, deceive and ultimately defraud consumers.”
The law “was created to protect citizens from dangerous actors, not to protect consumers who park without payment,” Oxygen XL founder Yonah Abenson said in an email. “Oxygen XL’s clients use data for expressly approved purposes in compliance with the law. … Oxygen XL looks forward to defending itself in court.”
One of its clients is Professional Parking Management, a company that runs private parking lots.
Magden, of Broward County, Florida, says that company mailed him a private parking fine in August that was followed by a collection notice from Oxygen XL in September.
The Driver’s Privacy Protection Act was enacted in 1994 after several incidents where people were tracked down, harassed, and even murdered. In 1989, for instance, a stalker used publicly available motor vehicle records to find actress-model Rebecca Schaeffer and kill her in Los Angeles.
The law blocks state motor vehicle agencies from releasing personal information unless a driver consents, or in certain circumstances, such as police investigations.
Professional Parking Management uses cameras and license plate recognition technology to monitor cars in private parking lots, according to its website.
By using any of its parking facilities, a 7-page contract posted on the website states, drivers understand that the company may obtain their personal information from the state department of motor vehicles.
Magden says he never gave permission to Professional Parking Management or Oxygen XL for access to his motor vehicle records.
He is charging Oxygen XL with violating the Driver’s Privacy Protection Act, on behalf of himself or anyone whose personal motor vehicle information was used by Oxygen XL without permission, in the past four years.
