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Standing › Credit Reporting Agencies › Spokeo v Robins

BCLP

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

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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

Womble Bond Dickinson

Is an Inaccurate Credit Report Alone Enough to Establish Article III Standing?

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A recent case out of the Eastern District of California addressed the split in authority on whether an inaccurate credit report alone is enough to establish a concrete injury in fact for purposes of Article III standing.  ...more

Goodwin

Supreme Court Reinforces Limits on Federal Court Standing, But Important Questions Remain

Goodwin on

On June 25, 2021, the U.S. Supreme Court decided TransUnion LLC v. Ramirez, revisiting some of the Article III standing principles it had set forth in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), and addressing their...more

Butler Snow LLP

SCOTUS reaffirms standing requires “a harm traditionally recognized as providing a basis for a lawsuit in American courts,”...

Butler Snow LLP on

Recently, we have written about the “entrepreneurial model” of lawyer-driven class actions and how a case’s entrepreneurial features can give rise to various defenses, including lack of standing. As we’ve explained, where...more

Harris Beach Murtha PLLC

TransUnion LLC v. Ramirez: “Concrete Harm” Requirement Clarified in Consumer Class Actions

Harris Beach Murtha PLLC on

On June 25, 2021, the United States Supreme Court issued its decision in TransUnion v. Ramirez, holding that consumer class action claims under the Fair Credit Reporting Act (FCRA) must allege the actual spread of misleading...more

Herbert Smith Freehills Kramer

US Supreme Court Clarifies Injury-in-Fact Plaintiffs Must Show To Have Standing To Assert Statutory Privacy Rights in Federal...

Herbert Smith Freehills Kramer on

On June 25, the U.S. Supreme Court handed down a 5-4 decision in TransUnion v. Ramirez that clarified the injury-in-fact plaintiffs must show to have standing to assert statutory privacy rights in federal court. This follows...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Addresses Class Action Standing in Ramirez Case: Requires “Concrete” Injury for Article III Standing for Class...

Sheppard Mullin Richter & Hampton LLP on

The Supreme Court further limited consumer lawsuits in TransUnion, LLC v. Ramirez, siding with credit reporting agency TransUnion in a 5-4 decision holding that thousands of consumers improperly flagged as potential...more

BCLP

The Ninth Circuit Finds Inaccurate Credit Reporting Alone Does Not Confer Article III Standing

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On March 25, 2019, the United States Court of Appeals for the Ninth Circuit dealt another setback to plaintiffs trying to establish Article III standing to assert a claim under the Fair Credit Reporting Act, 15 U.S.C. § 1681,...more

Womble Bond Dickinson

FCRA Class Action Survives Early Procedural Challenge

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This week we got another big FCRA decision in Sanders v. Global Radar Acquisition. In Sanders, the plaintiffs filed a putative class action claiming that the Defendants failed “to obtain certification prior to furnishing a...more

Womble Bond Dickinson

Sharp Distinction: Section 1681i Claim Dismissed Because There is a “Sharp Distinction” Between a Credit File and Credit Report

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Plaintiffs’ Other FCRA Claims Survive By “Skin of their Teeth.” In Clements v. Trans Union, LLC, 2018 U.S. Dist. LEXIS 160931 (Aug. 29, 2018)[1] (“Clements”), a purported class action pending in the United States District...more

Littler

High Alert for California Employers and Employers Nationwide for the Second Wave of FCRA Class Actions

Littler on

The flurry of Fair Credit Reporting Act (“FCRA”) class actions against employers started in or about 2012 and was not limited to California. Many of those lawsuits resulted in significant payouts for violations of one or more...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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...more

Foley & Lardner LLP

The Supreme Court Preview, Part III: A Couple Spare Parts

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While the Court’s review of bedrock principles of class action litigation and the continuing struggle to enforce arbitration clauses in the face of hostile state law are two important topics to watch, they are not the only...more

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