In its 2016 decision in Spokeo v. Robins, the U.S. Supreme Court held that a plaintiff alleging a Fair Credit Reporting Act violation does not have standing under Article III of the U.S. Constitution to sue for statutory...more
The Supreme Court has granted certiorari to review a $40 million class action trial judgment for statutory and punitive damages under the Fair Credit Reporting Act, and its forthcoming decision later this Term will likely be...more
In a precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that because the named plaintiff in a class action complaint failed to allege a concrete injury...more
4/2/2019
/ Appeals ,
Article III ,
Class Action ,
Corporate Counsel ,
Debit and Credit Card Transactions ,
FACTA ,
Identity Theft ,
Injury-in-Fact ,
J Crew ,
Retailers ,
Spokeo v Robins ,
Standing ,
Statutory Violations
On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit has held in Spokeo v. Robins that an alleged Fair Credit Reporting Act (FCRA) violation was sufficiently concrete to support Article III...more
After the U.S. Supreme Court's decision in Spokeo, Inc. v. Robbins last year, many defendants have perceived the assertion of a standing argument as a potential panacea when confronted with federal statutory claims in which...more
3/2/2017
/ Article III ,
Attorney's Fees ,
Class Action ,
Corporate Counsel ,
Dismissal With Prejudice ,
FACTA ,
Financial Institutions ,
Financial Services Industry ,
Injury-in-Fact ,
Motion to Remand ,
Removal ,
Spokeo v Robins ,
Standing
In a long-anticipated and significant decision, the U.S. Supreme Court has ruled 6-2 that a plaintiff alleging a violation of the Fair Credit Reporting Act (FCRA) does not have standing under Article III of the U.S....more
The U.S. Supreme Court has agreed to hear an important case that will decide whether a plaintiff who cannot show any actual harm from a violation of the Fair Credit Reporting Act (FCRA) nevertheless has standing under Article...more