Tag Archives: FCRA

Eighth Circuit Remands Case for Standing Evaluation Before Settlement Approval

By Jessica Greenberg on February 25, 2019 Posted in Settlements

The Eighth Circuit recently vacated a district court’s final approval of a proposed class action settlement agreement because it did not assess the plaintiff’s standing before approval. Schumacher v. SC Data Center, Inc., 912 F.3d 1104 (8th Cir. 2019).… Continue Reading

Ninth Circuit again finds Article III standing in Spokeo: The injury was particularized in round one, and it’s concrete in round two.

By Justin Winquist on August 23, 2017 Posted in Privacy Class Actions

The Spokeo saga continues. As our sister blog, the Data Privacy Monitor, reported here, the United States Supreme Court’s May 2016 decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1550 (2016) (Spokeo II) vacated and remanded a Ninth Circuit decision (Spokeo I) for failure to consider the concreteness prong of the “concrete and … Continue Reading

Concrete and Particularized Part III: Initial Circuit Court Reactions to Spokeo

By Elliot Morrison on July 19, 2016 Posted in Consumer Class Action

In the two months since the U.S. Supreme Court issued its much-awaited decision in Robins v. Spokeo, 136 S. Ct. 1540 (2016), a handful of federal circuits have applied the decision to pending disputes over Article III standing. Consistent with the scope of the Court’s holding, described in Parts I and II of our coverage … Continue Reading

Concrete and Particularized Part II: What Spokeo May Mean for Class Actions

By Rand L. McClellan and Keesha N. Warmsby on May 20, 2016 Posted in Class Actions Privacy

This blog post is the second in a series of posts that Baker & Hostetler LLP is devoting to the significant decision Robins v. Spokeo, No. 13-1339, 537 U.S. ___ (2016) (Spokeo). Monday’s post focused on Spokeo’s effect on privacy class actions and big data. Today’s post focuses on the decision’s impact on class actions. … Continue Reading

Supreme Court Grants Cert in Spokeo Case

By David Carney on April 28, 2015 Posted in Class Action Trends, Consumer Class Action

The Supreme Court yesterday morning granted Spokeo, Inc.’s petition for a writ of certiorari in the closely watched case of Spokeo, Inc. v. Robins, No. 13-1339. The case presents the question as to whether defendants can be held liable for automatic statutory penalties under the Fair Credit Reporting Act and other federal statutes where the … Continue Reading

Four Words the Fair Credit Reporting Act Has Class Action Plaintiffs and Their Lawyers Repeating: “Show Me The Money!”

By Nathan A. Schacht on January 18, 2013 Posted in Class Action Trends

Editors’ Note: This post is being jointly published on Baker’s Employment Class Action Blog. Over the past few years, the Fair Credit Reporting Act (“FCRA”), the federal law mandating, among other things, procedures and reporting requirements employers must follow when conducting background checks through a third party vendor, has become a hot-button employment issue, and … Continue Reading