King & Spalding Secures Victory for Home Depot and The Gap in U.S. Court of Appeals for the First Circuit

On February 14, 2025, King & Spalding secured a victory for retailers in the U.S. Court of Appeals for the First Circuit. The underlying cases involved allegations that, in violation of the New Hampshire Driver Privacy Act (“NHDPA”), retailers improperly disclose driver’s license data to a third-party fraud-prevention vendor when customers attempt to make a merchandise return without a receipt. In a matter of first impression, the First Circuit affirmed the district courts’ conclusions that the NHDPA does not apply to a driver's license in an individual’s possession, holding that an individual’s license is not a “motor vehicle record” or a “department record” within the meaning of the statute.

The King & Spalding team included Stewart Haskins, Cason Hewgley, Mandi Youngblood, and Banner Banks representing Home Depot U.S.A., Inc., and Michael Roth representing The Gap, Inc., Old Navy, LLC, Banana Republic, LLC, and Athleta, LLC. The TJX Companies, Inc. was represented by separate counsel.