Takeaways From 9th Circ. FCRA Ruling Against Spokeo

Law360, New York (February 13, 2014, 5:01 PM EST) -- On Feb. 4, 2014, the U.S. Court of Appeals for the Ninth Circuit held that plaintiffs need not allege actual injury to demonstrate constitutional standing for a willful violation of the Fair Credit Reporting Act. Judge Diarmuid F. O’Scannlain, writing for the three-judge panel, reversed the lower court’s dismissal of the action and held that an alleged violation of statutory rights was sufficient to demonstrate injury in fact under Article III of the United States Constitution.

The decision against Spokeo Inc., a website operator that compiles and sells information about individuals, comes at a time when plaintiffs in data privacy and...

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