Auer v. CBCInnovis, Inc., No. 17-2413 (8th Cir. 2018)Annotate this Case
Plaintiff filed suit against her former employer (the City), a law firm, and CBC, alleging that defendants violated their obligations under the Fair Credit Reporting Act (FCRA), in handling a consumer report that she agreed to provide as part of her application for employment with the City. The district court dismissed plaintiff's claims against the City and law firm for failure to state a claim and granted judgment on the pleadings for CBC.
The Eighth Circuit held that plaintiff lacked Article III standing to bring her claims in federal court. In this case, plaintiff failed to plead an intangible injury to her privacy that was sufficient to confer Article III standing and there was no well-pleaded allegation that the City acted beyond her consent. Furthermore, plaintiff's claims of reputational harm, compromised security and lost time did not establish Article III standing. Likewise, plaintiff lacked standing to pursue her claim that the City's law firm and CBC violated her rights under the Act. Therefore, the court vacated the district court's orders and remanded with instructions that plaintiff's complaint be dismissed for lack of jurisdiction.