Tag Archives: Spokeo

Fourth Circuit Vacates $12M FCRA Class Action Judgment Against Experian

On May 11, 2017, the Fourth Circuit Court of Appeals vacated a $12 million judgment against Experian Information Solutions, Inc. (“Experian”) in a class action against the credit reporting bureau alleging violations of the Fair Credit Reporting Act (“FCRA”). Relying on the standard set forth by the U.S. Supreme Court in Spokeo, Inc. v. Robins, … Continue Reading

Sixth Circuit: Substantial Risk of Harm and Mitigation Costs Sufficient to Confer Standing in Data Breach Case

On October 12, 2016, the U.S. Court of Appeals for the Sixth Circuit denied a petition for an en banc rehearing of its September 12 decision in Galaria, et al. v. Nationwide Mutual Insurance Company (Nos. 15-3386/3387). In that decision, a divided Sixth Circuit panel revived a suit against Nationwide arising from the 2012 theft … Continue Reading

California Federal Judge Certifies Class in S2Verify FCRA Class Action, Using Spokeo Concreteness Test

Last week, the decision in the Spokeo case influenced a California court’s decision to certify a class in a Fair Credit Reporting Act (FCRA) case. The class of applicants who claim that S2Verify, a background check company, unlawfully included criminal information in their reports, includes approximately 4,500 individuals who were subject to S2Verify reports from … Continue Reading

Solicitor General supports proposed class action against Spokeo

The U.S. Solicitor General has filed an amicus brief asking the U.S. Supreme Court to reject Spokeo’s appeal of a lower court decision allowing a proposed class action to move forward because Spokeo allegedly published false information about the named plaintiff in violation of the Fair Credit Reporting Act (FCRA). He further alleged that Spokeo … Continue Reading
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