Polk to Appeal Data Access Ruling to Illinois Supreme Court
1 June 1998
Polk to Appeal Data Access Ruling to Illinois Supreme Court
DETROIT, June 1 -- R.L. Polk & Company announced today it is
appealing an Illinois court decision handed down last month that permits the
Secretary of State's office the authority to stop providing motor-vehicle
records information for commercial solicitation. The appeal is to the
Illinois State Supreme Court.
"Our position on this matter has not changed," said Bob Cucchi, Polk's
government relations regional director. "Polk is appealing the court's recent
decision on behalf of our clients, who have asked us to pursue this course of
action."
Secretary of State George Ryan had stopped selling Illinois motor vehicle
records in January 1997, but Polk, a marketing information and direct-
marketing solutions provider, asked the court to declare his action was
without proper authority. The lawsuit also sought to reinstate Illinois'
contractual agreement with Polk which had existed since the 1960s.
Sangamon County Chief Circuit Judge Sue Myerscough ruled in Polk's favor
in May 1997, declaring Ryan "does not have the discretion to sell or not to
sell" and that his decision failed to "protect adversely impacted small
businesses." The Secretary of State's office appealed Myerscough's ruling in
June of last year, resulting in last month's reversal.
At stake are vehicle-ownership records which are vital for motor vehicle
manufacturers and dealers. Without them the automotive industry can not
communicate with Illinois motorists and alternative sources of information are
extremely limited. Although motor-vehicle record information is crucial to
the automotive industry, it is a misconception that commercial use of motor-
vehicle records increases junk mail. In fact, less than three percent of all
direct-mail advertising results from use of motor-vehicle records.
Denying the use of those records for legitimate business purposes may also
negatively impact consumers. Motorists may be denied access to valuable
offers, ranging from coupons for free car washes and oil changes, to rebates
and other money-saving offers from businesses.
"Vehicle ownership data is just as important to the thousands of
businesses serving the people of Illinois," Cucchi added. "The current
ruling, unless overturned, will have a severe economic impact on local
business."
Consumer choice is also at issue. The 1993 Illinois Legislature
recognized the consumer's right to choose, passing a law allowing consumers to
notify the state if they did not want their vehicle-registration information
used for commercial purposes. The latest court ruling essentially takes away
consumer choice; it assumes all consumers do not want to receive valuable
offers in the mail; and it reverses what the Illinois Legislature enacted.
"Polk has always supported consumer opt-out (choice) programs and, in
fact, encourages them," said Cucchi. "Giving the consumer the right to choose
is what's most important, but we strongly believe it should be an informed
choice."
The sale of vehicle-registration data for commercial purposes has been
approved by the United States Congress and sanctioned by recently enacted
federal law. It has also been approved by the Illinois legislature and
enacted into state law. Both federal and state governments have opted to
preserve the public's access in recognition of freedom of information.
Polk provides multi-dimensional intelligence information solutions to
companies as the official statistician of the automotive industry, providing
statistics, safety recall and direct-marketing services and support. The
company is privately held with facilities around the world, including the
United States, Canada, England, Germany and Barbados.