Federal courts have varied widely in their interpretation of standing for plaintiffs in consumer protection class actions since last year’s U.S. Supreme Court decision in Spokeo v. Robins, __ U.S. __, 136 S.Ct. 1540 (May 16, 2016).

The ‘Spokeo’ Ruling

In Spokeo, the U.S. Supreme Court addressed standing under the “case and controversy” requirement of Article III of the U.S. Constitution and the Fair Credit Reporting Act, 15 U.S.C. Sections 1681, et seq. Plaintiff Thomas Robins, on behalf of a putative class, alleged that the defendant, an online “people search” engine and aggregator of personal information, had violated the FCRA by including inaccurate information in his online profile.

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