Clarifying FCRA Stand-Alone Disclosure Rule At 7th Circ.

By Steven Pearlman, Eddie Young and Alex Weinstein (August 18, 2017, 12:12 PM EDT) -- The U.S. Supreme Court was pellucid in its determination in Spokeo Inc. v. Robins, Case No. 13-1339 (May 24, 2016) that a plaintiff suing under the Fair Credit Reporting Act must have suffered a "concrete injury" to have standing under Article III. But it did not answer the question of what constitutes a concrete injury. This issue figures prominently in litigation involving alleged violations of the FCRA "stand-alone disclosure rule" (15 U.S.C. § 1681b(b)(2)). And it's of critical importance to employers facing such litigation because those cases often involve hyper-technical violations alleged on a classwide (often nationwide) basis yet seek grossly disproportionate damages....

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