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Robins v. Spokeo, Inc.

Articles Discussing Case:

An Intangible Injury Caused by a Consumer Report Is Concrete Enough, Says the Ninth Circuit

Ogletree Deakins • August 20, 2017
On August 15, 2017, the Ninth Circuit Court of Appeals decided Robins v. Spokeo, Inc. (No 11-56843), a case addressing the standing necessary to maintain an action in federal court that had been remanded to the court by the Supreme Court of the United States. In Spokeo, an individual claimed that a search engine company (which the court presumed to be a consumer reporting agency (CRA)) willfully failed to comply with the Fair Credit Reporting Act (FCRA) by providing inaccurate information about him. According to the Ninth Circuit’s decision, because Robins suffered an intangible injury under the FCRA, he established a concrete harm sufficient to give him standing. Although the case deals with alleged injuries resulting from a CRA’s alleged failure to comply with the FCRA, its holding may impact injury allegations against employers brought under the act.

Ninth Circuit Revisits Article III Standing For An Alleged FCRA Violation

Littler Mendelson, P.C. • August 16, 2017
On August 15, 2017, the U.S. Court of Appeals for the Ninth Circuit issued another opinion in the saga of Robins v. Spokeo, Inc.—a case dealing with the question of what violations of a federal statute are sufficient to confer Article III standing. The plaintiff alleges Spokeo violated the federal Fair Credit Reporting Act (“FCRA”) by reporting inaccurate information about him. While the district court dismissed for lack of standing, the Ninth Circuit reversed and found that the plaintiff established an injury-in-fact. In May 2016, the U.S. Supreme Court vacated the Ninth Circuit’s opinion and declared that a plaintiff does not “automatically” have the requisite injury-in-fact “whenever a statute grants a person a statutory right and purports to authorize that person to sue to vindicate that right.”