The United States Supreme Court has granted certiorari to decide whether a statutory violation alone, unaccompanied by any actual harm to the plaintiff, is sufficient to establish Article III standing. See Spokeo, Inc. v. Robins, No. 13-1339 (U.S. Apr. 27, 2015). In other words, the Court will consider whether a plaintiff has a constitutional right to bring a lawsuit in federal court seeking damages provided by statute in the absence of allegations of actual harm. While the Spokeo case arises in the context of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681, et seq., a decision by the Court could affect how federal courts assess standing to bring claims under a wide range of federal statutes that provide for a private right of action for statutory damages. Indeed, in 2011, the Supreme Court had granted certiorari to decide a similar question arising under the federal Real Estate Settlement Procedures Act (“RESPA”), 12 U.S. Code § 2601, et seq. See First American Financial Corp. v. Edwards, 131 S. Ct. 3022 (2011). After briefing and oral argument, however, the Court dismissed the Edwards petition as improvidently granted, and the issue was not decided.
Like many federal consumer protection statutes, such as RESPA, the Truth-in-Lending Act, and the Fair Debt Collection Practices Act, FCRA provides a private right of action for statutory damages in certain contexts. See 15 U.S.C. § 1681n. In Spokeo, a consumer alleged that a website operator published inaccurate information about him in violation of FCRA, but the consumer did not assert that the purported violation caused him any actual harm. The United States District Court for the Central District of California dismissed the consumer’s...
