The U.S. Supreme Court has announced that it will review a very significant case that impacts employers. The Fair Credit Reporting Act (FCRA) case involves Plaintiff Thomas Robins who alleged that Defendant Spokeo Inc. (Consumer Reporting Agency) issues consumer reports that violate the FCRA. The case questions whether or not someone can sue under a statute, [and possibly bring a class action] simply based on a technical violation. The case disregards whether or not that individual actually suffered an injury.
In Spokeo Inc. v. Robins, Robins alleges that the reports that Spokeo provides with his name are inaccurate and violate the FCRA by failing to provide him with mandatory notices. For instance, the reports indicate that he has more education and employment experience than he has and that his financial situation is better than it actually is. He claims that the inaccurate information will negatively affect his employment prospects, credit, etc.
The Ninth Circuit found that Robins did not suffer damages, but held that the statutory FCRA violation satisfied Article III’s injury-in-fact requirement. The Sixth, Tenth, and D.C. Circtuis joing the Ninth Circuit’s holding. The Second and Fourth circuits have found the opposite. Spokeo’s petition for review of the Ninth Circuits decision stated, “The need to resolve the conflict is especially acute because this fundamental question of Article III jurisdiction has significant implications for class-action litigation under a statue that generates dozens of class actions in the federal court every year.”
The Ninth Circuit found that Robins did not suffer damages, but held that the statutory FCRA violation satisfied Article III’s injury-in-fact requirement. The Sixth, Tenth, and D.C. Circtuis joing the Ninth Circuit’s holding. The Second and Fourth circuits have found the opposite. Spokeo’s petition for review of the Ninth Circuits decision stated, “The need to resolve the conflict is especially acute because this fundamental question of Article III jurisdiction has significant implications for class-action litigation under a statue that generates dozens of class actions in the federal court every year.”
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For more information on Intelifi™ background screening services please visit www.intelifi.com or call (800) 409 -1819.
FIND US:
8730 Wilshire Blvd. 4th
Floor, Suite #412
Beverly Hills, CA 90211