Stand Up, Sit Down, Stand Up: Ninth Circuit Revives Spokeo No-injury Suit

In a decision surely welcomed by the plaintiffs’ bar, the US Court of Appeals for the Ninth Circuit held, on August 15, 2017, that a putative class action plaintiff has Article III standing as long as the plaintiff alleges just slightly more than a mere statutory violation. The case, Robins v. Spokeo, was on remand from the United States Supreme Court following that Court’s well-known May 2016 Spokeo v. Robins decision, which held that allegations of a statutory violation of the Fair Credit Reporting Act (FCRA), without more, did not confer standing.

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