Experian, CDIA Tell 9th Circ. FCRA Claims Must Show Harm

Law360, New York (September 28, 2012, 6:28 PM EDT) -- Experian Information Solutions Inc. and the Consumer Data Industry Association told the Ninth Circuit on Friday it should uphold the dismissal of a putative class action against Spokeo Inc., arguing that consumers alleging Fair Credit Reporting Act claims should have to prove actual injury to receive damages.

In separate amicus curiae briefs, Experian and the CDIA said plaintiffs seeking awards for FCRA violations must show injury in fact. Any finding otherwise would amount to a violation of the U.S. Constitution, according to the briefs. Plaintiff Thomas...
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