What is the test for a violation of the Personal Injury Prevention Act?

The first two instructions were relevant clarifications, as this court held in a prior appeal involving this case that the DPPA was not a strict liability statute, and thus, while the jury had to find that the information was disclosed for an "impermissible purpose," this was, not by itself, sufficient to find a violation of the DPPA. See Gordon v. Softech Int'l., Inc., 726 F.3d 42, 50 (2d Cir. 2013) ("Gordon I") (holding that "a strict liability standard is inconsistent with the DPPA as a whole"). Instead, the jury had to find not only that the information was disclosed for an "impermissible purpose," but also that defendants-appellees breached their duty of reasonable care under the DPPA.

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