The Ninth Circuit's decision Tuesday that the harm stemming from an allegedly inaccurate consumer report published by Spokeo Inc. was concrete enough to establish standing gives class action plaintiffs a boost in their bids to block defendants from making quick exits, but the panel's fact-specific analysis may limit the ruling's broader application and leave companies with a stronger defense down the line, attorneys say.
The Ninth Circuit ruled Tuesday that a man who accused Spokeo of violating the Fair Credit Reporting Act by allegedly reporting inaccurate information about him had claimed a sufficiently concrete injury to meet the Article III standing bar established by the U.S. Supreme Court in the dispute last year.
Spokeo Inc. and a man suing the people-search website for allegedly reporting inaccurate information are sparring over the significance of a recently amended Ninth Circuit opinion in a separate Fair Credit Reporting Act dispute, with the consumer bashing Spokeo's argument Thursday that the revision kills his chances of proceeding with the suit.
Spokeo Inc. on Wednesday fired back at the man who has accused the people-search website of injuring him by reporting inaccurate information, telling the Ninth Circuit that the dispute is "starkly different" from a Telephone Consumer Protection Act case recently raised by the plaintiff in support of his standing to sue.
The man suing Spokeo for allegedly disseminating inaccurate information about him continued to escalate a war of citations with a letter to the Ninth Circuit on Monday calling Spokeo's recent reliance on a Seventh Circuit ruling, which said a consumer didn't have standing to pursue Cable Act claims, "misplaced."
In Spokeo's latest effort to convince the Ninth Circuit that a man lacks standing to sue the company for allegedly disseminating inaccurate information about him, the company on Friday pointed to a recent Seventh Circuit decision it said supported its view and asked the court to disregard two other appellate decisions cited by the plaintiff.
The consumer suing Spokeo over its alleged reporting of inaccurate information in violation of the Fair Credit Reporting Act on Monday directed the Ninth Circuit's attention to a pair of recent appellate court decisions, including one by the Ninth Circuit, which he says confirms his own standing to sue.
A consumer suing Spokeo over its alleged reporting of inaccurate information in violation of the Fair Credit Reporting Act, a case that prompted a landmark U.S. Supreme Court ruling, urged the Ninth Circuit Saturday to disregard two recent appellate court decisions that Spokeo argues support its bid to nix the dispute.
Spokeo Inc. on Tuesday highlighted two cases decided after the Ninth Circuit heard arguments last month in a closely watched battle over the company's alleged publication of false personal information, saying the recent rulings bolster its position that the action remanded by the U.S. Supreme Court's landmark May decision suffers from a lack of standing.
The coming year will likely be a big one for consumer protection attorneys, with ongoing litigation accusing major players such as Wells Fargo and Volkswagen of shady business practices and decisions that could mean big changes for the Consumer Financial Protection Bureau and the Federal Trade Commission seemingly poised to land before the U.S. Supreme Court. Here, Law360 highlights the top consumer protection cases of 2017.