On Nov. 2, the U.S. Supreme Court will hear oral argument in a case that could dramatically alter the number of cases brought by individuals and purported classes alleging a violation of a federal statute. That case, Spokeo v. Robins, No. 13-1339, arises in the context of the Fair Credit Reporting Act (FCRA), 15 U.S.C. §1681 et seq., but its resolution could affect standing and, in practice, class actions across a broad array of laws.
Statutory Right
Thomas Robins filed a putative class action in federal district court in California alleging that Spokeo, Inc., willfully violated the FCRA. Spokeo aggregates publicly available information about individuals into a searchable database on the Internet. Robins alleged that Spokeo published inaccurate information about him, and thus threatened his employment prospects. Significantly, there has been no briefing on the merits or class certification in the case, so the nature and extent of Robins’ personal injuries, if any, have not been fully explored or tested.
