Robins v. Spokeo, Inc., No. 11-56843 (9th Cir. 2017)Annotate this Case
To establish a concrete injury for purposes of Article III standing, the plaintiff must allege a statutory violation that caused him to suffer some harm that actually exists in the world. There must be an injury that is "real" and not "abstract" or merely "procedural." On remand from the Supreme Court, the Ninth Circuit reversed the district court's dismissal of an action alleging willful violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681 et seq. In this case, plaintiff alleged that Spokeo failed to follow reasonable procedures to assure maximum possible accuracy of the information in his consumer report. The panel was satisfied that plaintiff had alleged injuries that were sufficiently concrete for the purposes of Article III; the alleged injuries were also sufficiently particularized to plaintiff and they were caused by Spokeo's alleged FCRA violations and were redressable in court; and therefore plaintiff had adequately alleged the elements necessary for standing. Accordingly, the court remanded.
Court Description: Article III Standing / Fair Credit Reporting Act On remand from the United States Supreme Court, Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), the panel reversed the district court’s dismissal of an action brought by Thomas Robins against Spokeo, Inc., alleging willful violations of the Fair Credit Reporting Act (“FCRA”); held that Robins’ alleged injuries were sufficiently concrete for the purposes of Article III standing; and concluded that because the alleged injuries were also sufficiently particularized to Robins and caused by Spokeo’s alleged FCRA violations that were redressable in court, Robins adequately alleged the elements necessary for Article III standing. The Supreme Court held that to establish Article III standing, there must be an injury that is “real” and not “abstract” or merely “procedural.” Spokeo, Inc., 136 S. Ct. at 1549. Robins alleged that Spokeo published an allegedly inaccurate report about him on its website, and further alleged that Spokeo willfully violated various procedural requirements under FCRA, including failing to follow reasonable procedures to assure the accuracy of the information in his consumer report.
This opinion or order relates to an opinion or order originally issued on February 4, 2014.