Unanimous 9th Circuit Panel Revives Thomas Robins' Lawsuit Against Spokeo
The 9th U.S. Circuit Court of Appeals restored a Virginia man's lawsuit​ against data broker Spokeo, which he accused of reporting inaccurate information about him and of violating the Fair Credit Reporting Act (FCRA). The case was on remand from…
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
the Supreme Court, which in May said the 9th Circuit used incomplete analysis in deciding whether Thomas Robins suffered "concrete" harm (see 1605160026). A unanimous three-judge panel said Tuesday, in an opinion written by Judge Diarmuid O'Scannlain, the FCRA was crafted to protect consumers' "concrete interests in accurate credit reporting about themselves." The opinion said the alleged FCRA violations in this case "actually harmed" Robins' interest. "Robins alleged inaccuracies by Spokeo concerning his age, marital status, educational background, and employment history that could be deemed a real harm to his employment prospects," it said. The panel also rejected Spokeo's suggestion that Robins' allegations were "too speculative." The opinion said "the challenged conduct and attendant injury had already occurred." Spokeo didn't comment. Judges Susan Graber and Carlos Bea joined O'Scannlain in his opinion.