Legal Question in Business Law in California

personal informaition

can a business (car dealership) post my personal information (name address) on the internet without my permission?


Asked on 3/25/09, 5:20 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: personal informaition

I don't see what 1798.90.1 has to do with this question. That section of the Civil Code has to do only with what a business may do with information taken from the mag stripe on a driver's license. In my opinion, whether the posting of a name and address required permission or not depends upon the purpose of the posting, and its effect or possible effect, including possible harm (damages). My name appears in numerous private-publication phone books and on-line directories whether I requested its posting or not, and I presume it's legal, but it's also not harmful nor a particular nuisance. On the other hand, if the dealer is publishing a list of names and addresses and calling it a list of stupid jerks who don't pay their bills, it could be defamatory, or an invasion of privacy.

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Answered on 3/30/09, 3:07 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: personal informaition

Probably not. See Civil Code Section 1798.90.1.

Much will also depend on why your information is posted. Try contacting the dealer to resolve this informally.

Good Luck.

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Answered on 3/26/09, 1:03 am


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