A Circuit Split Emerges As Lower Courts Weigh In On Spokeo

Law360, New York (September 15, 2016, 12:26 PM EDT) -- David J. Lender

Eric S. Hochstadt

Luna Barrington Recent decisions by the Sixth, Eighth, Eleventh and D.C. Circuits interpreting Spokeo Inc. v. Robins[1] have led to early (seemingly) conflicting interpretations of whether a violation of a right created by Congress, without more, could be sufficient for Article III standing. Since this issue impacts so many areas of law, especially consumer protection-type minimum statutory damage class actions, many pending and new cases will be substantially impacted by the reach given to the holding in Spokeo by the lower courts.

Spokeo’s Emphasis on a Concrete Injury for Constitutional Standing: In Spokeo, the U.S. Supreme...

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