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MoFo Reenforcement The Enforcement Blog

Second Time’s the Charm? Supreme Court Takes Up Landmark FCRA Case to Address Whether Congress Can Create Standing

Posted in CFPB, Credit Reports

Zombie or no-injury plaintiffs seeking to represent zombie or no-injury classes are on the rise. In these suits, plaintiff was not injured, and there’s no way to prove who, if anyone, in the class was. Thomas Robins is one of those plaintiffs who brought suit on behalf of a class of similarly situated consumers against Spokeo for alleged violations of the Fair Credit Reporting Act (FCRA). The Ninth Circuit found Robins had standing to pursue his claim for statutory damages authorized by the FCRA and, of course, attorney’s fees for class counsel.

For the second time, the Supreme Court has decided to consider whether these kinds of no-injury plaintiffs have Article III standing to pursue such claims.  Spokeo, Inc. v. Thomas Robins, No. 13-1339.  If the Court issues a ruling, the decision could have significant implications for claims brought under the FCRA and numerous other statutes.

Read our client alert.