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Fair Credit Reporting Act (FCRA) Corporate Counsel Spokeo v Robins

BCLP

Eleventh Circuit Weeds Out Plaintiffs Who “Manufacture” Article III Standing With Self-Inflicted Harm

BCLP on

On July 18, 2025, the Eleventh Circuit rejected the notion that plaintiffs can “manufacture” Article III standing by identifying “self-inflicted harm” such as “expenditure of money and wasted time to correct an otherwise...more

Ballard Spahr LLP

SCOTUS agrees to review FCRA class action judgment where most class members suffered no actual injury

Ballard Spahr LLP on

The Supreme Court has granted certiorari to review a $40 million class action trial judgment for statutory and punitive damages under the Fair Credit Reporting Act, and its forthcoming decision later this Term will likely be...more

Womble Bond Dickinson

Divided Ninth Circuit Rejects Standing for Plaintiffs Alleging Inaccurate Credit Reports

Womble Bond Dickinson on

On Monday, a divided panel of the Ninth Circuit rejected what is perhaps the most common allegation asserted by plaintiffs as a way of achieving standing under FCRA: that, as a result of some alleged misconduct, their credit...more

Womble Bond Dickinson

Third Circuit: Class Representative with Over-Detailed Receipt Lacks Standing to Bring FACTA Case against J. Crew

Womble Bond Dickinson on

We spend most of our time at FCRAland studying those rights included in the Fair Credit Reporting Act, as it was established in 1970. Yet Congress has amended FCRA over the years, including by adding additional statutory...more

McGuireWoods LLP

Seventh Circuit Allies With FCRA Class Action Plaintiffs on Spokeo Grounds.

McGuireWoods LLP on

On August 29, the Seventh Circuit reentered the multi-front fray that has broken out among lower courts in the wake of the Supreme Court’s 2016 decision in Spokeo v Robins, 136 S. Ct. 1540 (2016). ...more

Goodwin

Applying Spokeo, 6th Circuit Dismisses FDCPA Suit

Goodwin on

On February 16, 2018, the 6th Circuit, in Hagy v. Demers & Adams (882 F.3d 616 (6th Cir. Feb. 16, 2018)), found that a former borrower did not have standing to assert a claim under the Fair Debt Collection Practices Act...more

Seyfarth Shaw LLP

Spokeo v. Robins: The U.S. Supreme Court Declines An Encore Performance

Seyfarth Shaw LLP on

Seyfarth Synopsis: In deciding to deny certiorari to review Spokeo, Inc. v. Robins, No. 17-806 (U.S. 2017), the U.S. Supreme Court has declined to reconsider the standing principles it announced in its landmark 2016 Spokeo...more

Foley & Lardner LLP

California Federal Court Strikes Down FCRA Claim

Foley & Lardner LLP on

Earlier this month, in a case pending in the U.S. District Court for the Central District of California, Home Depot avoided a class action suit under the Fair Credit Reporting Act (FCRA). The lawsuit accused the company of...more

Proskauer - Law and the Workplace

District Court Dismisses Putative FCRA Class Action For Lack Of Standing

The U.S. District Court for the Central District of California recently dismissed a putative class action alleging violations of the Fair Credit Reporting Act (“FCRA”), finding that the named plaintiff lacked standing to...more

Fisher Phillips

Spokeo Speedwagon: Employers Forced To Take Privacy Breach Cases On The Run

Fisher Phillips on

By now, most everyone has heard it from a friend who, heard it from a friend who, heard it from another about the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. It is the case being cited across the country in...more

Hinshaw & Culbertson LLP

Job Applicant Who Filed 562 Applications Then Alleged FCRA Violations Denied Standing by Seventh Circuit

We have another court decision relying on the Supreme Court's recent Spokeo decision that found a class action plaintiff did not meet the injury-in-fact requirement under Article III of the United States Constitution. In...more

Goodwin

Seventh Circuit Affirms Spokeo Dismissal of FCRA Class Action

Goodwin on

Last week, the Seventh Circuit affirmed the dismissal of two Fair Credit Reporting Act (FCRA) class actions on Spokeo grounds. The cases, which were consolidated for appeal, were filed by the same plaintiff against two...more

Ballard Spahr LLP

FCRA Class Plaintiff Lacked Injury Needed for Standing Under Spokeo, 4th Circuit Holds

Ballard Spahr LLP on

An $11.7 million judgment awarded against credit reporting company Experian in a 69,000-member class action brought under the federal Fair Credit Reporting Act (FCRA) was vacated by the Fourth Circuit in Dreher v. Experian...more

Fenwick & West LLP

Litigation Alert: The Fourth Circuit Finds No Article III Injury in Fair Credit Reporting Act Case

Fenwick & West LLP on

The U.S. Court of Appeals for the Fourth Circuit held that the plaintiff’s allegations that Experian denied him access to information to which he was entitled under the Fair Credit Reporting Act was insufficient to establish...more

Williams Mullen

Fourth Circuit Applies Spokeo to Vacate $11.7 Million Class Action Judgment

Williams Mullen on

The U. S. Court of Appeals for the Fourth Circuit has held that a class representative who failed to allege a concrete injury from incomplete or incorrect information on his credit report did not satisfy the standing...more

Robinson+Cole Data Privacy + Security Insider

Fourth Circuit Vacates $12M FCRA Class Action Judgment Against Experian

On May 11, 2017, the Fourth Circuit Court of Appeals vacated a $12 million judgment against Experian Information Solutions, Inc. (“Experian”) in a class action against the credit reporting bureau alleging violations of the...more

Carlton Fields

Nothing Crafty About Michaels’ Disclosure Under Spokeo

Carlton Fields on

A New Jersey District Court followed Spokeo’s Article III standing analysis and dismissed claims by three putative class representatives against Michaels Stores. Plaintiffs claimed that Michaels’ online employment application...more

K&L Gates LLP

Third Circuit Moves Toward a Broader View of Standing in FCRA Data-Breach Class Action

K&L Gates LLP on

Recently, the Third Circuit widened the gates for certain data-breach plaintiffs, holding that alleged violations of the Fair Credit Reporting Act (“FCRA”) constitute injuries-in-fact sufficient for Article III standing. In...more

Kilpatrick

What to Make of the Third and Seventh Circuit Dueling Spokeo Rulings in Recent Privacy Breach Class Actions

Kilpatrick on

Spokeo-based challenges are now common in class actions alleging statutory violations. But disagreements remain concerning when Spokeo mandates dismissal for lack of Article III standing. Last week, two different federal...more

Saul Ewing LLP

Federal Court Interprets New Standing Requirements Under Spokeo

Saul Ewing LLP on

The ripple effects persist as lower courts continue to apply the Supreme Court’s holding in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1547 (2016), which established a new “standing,” threshold for plaintiffs seeking to assert...more

Proskauer - Minding Your Business

Courts Split on Standing Issues in FCRA Suits After Spokeo

On October 5, 2016, two district courts came to opposite conclusions on whether putative class action plaintiffs had standing to bring claims based on prospective employers’ failure to comply with Fair Credit Reporting Act...more

Robinson+Cole Data Privacy + Security Insider

Sixth Circuit: Substantial Risk of Harm and Mitigation Costs Sufficient to Confer Standing in Data Breach Case

On October 12, 2016, the U.S. Court of Appeals for the Sixth Circuit denied a petition for an en banc rehearing of its September 12 decision in Galaria, et al. v. Nationwide Mutual Insurance Company (Nos. 15-3386/3387). In...more

Fisher Phillips

Lyft Wins Background Check Class Action Claim

Fisher Phillips on

Apparently, even a “no decision” decision by the U.S. Supreme Court can still establish precedent. Relying on a Spring 2016 SCOTUS decision, a federal magistrate judge in California dismissed a proposed class action...more

Troutman Pepper Locke

Are You Sitting Down? Standing in Privacy Cases After Spokeo

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In May of this year, in Robins v. Spokeo, the Supreme Court ruled on the important issue of standing for plaintiffs asserting statutory claims for damages in federal court. Some observers thought the decision would guide...more

Mintz - Privacy & Cybersecurity Viewpoints

Sixth Circuit Rules That Theft of PII from Insurance Company Results in Article III Standing

In its recent decision in Galaria v. Nationwide Mut. Ins. Co., no. 15-3386 (6th Cir. Sept. 12, 2016). Co., No. 15-3386 (6th Cir. Sept. 12, 2016), a divided Sixth Circuit panel held that plaintiffs had standing to assert...more

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