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August 15, 2017

Stroock Special Bulletin

By: Julia B. Strickland, Stephen J. Newman, Brian C. Frontino, Arjun P. Rao, Julieta Stepanyan

On remand from the United States Supreme Court, the Ninth Circuit today addressed the issue of whether plaintiff adequately established standing for his claims asserting violations of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (the “FCRA”), in Robins v. Spokeo, Inc., No. 11-56843.  Although the Ninth Circuit held that plaintiff adequately alleged a “concrete” injury arising from his sole claim that defendant violated Section 1681e(b) of the FCRA by failing to “‘follow reasonable procedures to assure maximum possible accuracy’ of the information in his consumer report,” the opinion is limited in scope and leaves certain issues open.

This Stroock Special Bulletin addresses­­­ the Ninth Circuit’s opinion as well as its potential future impact.