Making Sense Of 9th Circ. Spokeo Decision On Remand

By Christina Vitale, Kenneth Kliebard, Warren Rissier, Brian Ercole and Ezra Church (September 1, 2017, 10:18 AM EDT) -- The key facts in Spokeo Inc. v. Robins, 136 S. Ct. 1540 (2016), are well known. The plaintiff, Thomas Robins, brought a class action against Spokeo, a popular website that builds consumer-information profiles, contending that Spokeo willfully violated the Fair Credit Reporting Act by failing to implement reasonable procedures to ensure the accuracy of report information about him, such as his age, marital status, educational background and wealth. Robins did not claim any actual damages, but alleged that the inaccurate information could harm his employment prospects. The district court dismissed the action for failure to plead a cognizable injury-in-fact necessary for Article III standing, the Ninth Circuit reversed, and the U.S. Supreme Court agreed to hear the case. In its much heralded decision, the Supreme Court held that the Ninth Circuit failed to apply the correct standing test and remanded the case to the Ninth Circuit to evaluate whether Robins' allegations of an alleged procedural violation of the FCRA constitutes a sufficiently concrete harm to satisfy Article III of the U.S. Constitution....

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