Thompson

INTRODUCTION

Section 31490 of the Streets & Highways Code was enacted in 2010 to protect the “personally identifiable information” of motorists using toll roads. (Id. at subd. (a).)1 The multi-part statute details some of the ways the Legislature sought to accomplish this goal: for instance, by requiring transportation agencies to develop privacy policies, purge old consumer data, and largely refrain from marketing “products or services” to nonsubscribers. (Id. at subd. (k).) But there is only one place in the statute providing a remedy if it is violated: subdivision (q). This subdivision allows “a person whose personally identifiable information has been knowingly sold or otherwise provided in violation of” section 31490 to bring an action to recover, “[i]n addition to any other remedies provided by law,” either a $2,500 penalty per violation or actual damages. (Id. at subd. (q)(1).) Today we hold there can be no right of action under section 31490, subdivision (q) for placing a nonsubscriber’s name and address on the envelope of a letter already required by law to be mailed (even when the letter itself contains marketing language violating subdivision (k) of the statute). We…