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Art. III Standing

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District Court (Ala) Says FCRA Plaintiff Cannot Cure Absence of Actual Damages for Negligent Violation by Claiming Willful Violation, But Willful Violation Without Damages Violates Spokeo

by Scott J. Hyman |

In Nelson v. Mortgage, No. 19-01005-WS-B, 2020 U.S. Dist. LEXIS 222396 (S.D. Ala. Nov. 25, 2020), the District Court granted summary judgment to a mortgage company on an FCRA claim. Nationstar counters, however, that plaintiffs have made no showing that any such emotional distress damages resulted from the alleged FCRA violation, which is a legal requirement of the claim. See,… Read More

9th Cir. Says FCRA Plaintiff Complaining About Post-Discharge Reporting of Auto Loan Failed Art. III Standing Requirements

by Scott J. Hyman |

In Hogue v Silver State Schools Credit Union, the Court of Appeals for the Ninth Circuit affirmed dismissal of an FCRA case due to lack of Article III standing. First, Hogue has not shown actual harm to his concrete interests. The district court found that “no third parties made an adverse credit decision as to [Hogue] based on this disputed… Read More

District Court (Cal.) Cites Kim v. BMW, and Says Bankrupt FCRA Plaintiff Had Art. III Standing to Assert FCRA/CCRAA Claim Against Credit Union

by Scott J. Hyman |

In Hernandez v. Certified Fed. Credit Union, No. CV 18-10448-CJC (JEMx), 2019 U.S. Dist. LEXIS 79020, at *6-9 (C.D. Cal. May 9, 2019), Judge Carney allowed an FCRA claim to proceed despite a challenge to Plaintiff's Article III standing. Plaintiffs have alleged a sufficiently "concrete and [*7]  particularized" injury. Under the FCRA and CCCRAA, a credit report or credit information is… Read More

6th Cir., citing Marbury v. Madison, Finds Check Writer Has No Standing in FCRA Claim Filed Against Check Verification Company

by Scott J. Hyman |

In Huff v. Telecheckservices,inc, No. 18-5438, 2019 U.S. App. LEXIS 13367 (6th Cir. May 3, 2019), the Court of Appeal for the Sixth Circuit found that an FCRA plaintiff had no no Art. III standing. This case deals with a fading technology (checks) and an evergreen imperative (Article III standing). When a customer buys something with a check, merchants often… Read More

9th Circuit Says Bankrupt Debtors Complaining About the Reporting of their Bankrutcy Lacked Spokeo Standing

by Scott J. Hyman |

In Jaras v. Equifax Inc., No. 17-15201, 2019 U.S. App. LEXIS 8743 (9th Cir. Mar. 25, 2019), the Court of Appeals for the Ninth Circuit addressed the Article III standing of bankrupt debtors complaining about how their bankruptcy was reported on their consumer report. In holding [in Spokeo, Ed.] that the plaintiff did have standing, we emphasized that  the inaccuracies in… Read More

9th Cir. Says FACTA Violation on Receipt Does Not Confer Art. III Standing without Concrete Injury Being Fairly Traceable; And, 9th. Cir. Wasn’t Buying Traceability

by Scott J. Hyman |

In Daniel v. National Park Service, 2018 WL 2424494 (9th Cir. 2018), the Court of Appeals for the Ninth Circuit again addressed the impact of Spokeo within the context of a FACTA-receipt case.  The Court found that not only must a concrete injury be pleaded, but the injury must be fairly traceable to the violation. We recently considered whether “receiving… Read More

District Court (Cal.) Says FCRA Class Rep. Has Spokeo Standing; Questions Regarding Absent Classmembers’ Spokeo Standing Do Not Defeat Class Certification

by Scott J. Hyman |

In Larson v. Transunion, LLC, 2016 WL 4367253, at *4 (N.D.Cal., 2016), Judge Orrick found Spokeo standing for a FCRA class representative and absent classmembers, and granted class certification. Given that Larson continues to have Article III standing to bring this case despite Spokeo, Trans Union' s challenges to my tentative rulings on ascertainability, predominance, and superiority also fail. Each… Read More