In Maracich et al. v. Spears, a group of lawyers tried to use a state Freedom of Information Act request to get DMV records in order to find potential plaintiffs for a class action lawsuit against a number of car dealerships. The DMV acquiesced, the lawyers mass-mailed their potential clients, and the potential clients sued them, arguing this invaded their privacy.

The court agreed with the drivers who were spammed. Anthony Kennedy wrote the opinion, joined by John Roberts, Clarence Thomas, Stephen Breyer, and Samuel Alito. Ruth Bader Ginsburg dissented, joined by Antonin Scalia, Elena Kagan, and Sonia Sotomayor.