Eversheds Sutherland reports:
In a decision surely welcomed by the plaintiffs’ bar, the US Court of Appeals for the Ninth Circuit held, on August 15, 2017, that a putative class action plaintiff has Article III standing as long as the plaintiff alleges just slightly more than a mere statutory violation. The case, Robins v. Spokeo, was on remand from the United States Supreme Court following that Court’s well-known May 2016 Spokeo v. Robins decision, which held that allegations of a statutory violation of the Fair Credit Reporting Act (FCRA), without more, did not confer standing. A three-judge panel of the Ninth Circuit has now ruled that, as a matter of statutory interpretation, the FCRA procedures at issue were crafted to protect consumers’ “concrete” interest in accurate credit reporting about themselves, and that the plaintiff’s allegations of inaccurate credit reports could be deemed “a real harm” sufficient to confer standing.
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