D. Scott Anderson

Womble Bond Dickinson

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Latest Posts › Standing

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Divided Ninth Circuit Rejects Standing for Plaintiffs Alleging Inaccurate Credit Reports

On Monday, a divided panel of the Ninth Circuit rejected what is perhaps the most common allegation asserted by plaintiffs as a way of achieving standing under FCRA: that, as a result of some alleged misconduct, their credit...more

3/27/2019 / Corporate Counsel , Credit Reports , Fair Credit Reporting Act (FCRA) , Spokeo v Robins , Standing

Third Circuit: Class Representative with Over-Detailed Receipt Lacks Standing to Bring FACTA Case against J. Crew

We spend most of our time at FCRAland studying those rights included in the Fair Credit Reporting Act, as it was established in 1970. Yet Congress has amended FCRA over the years, including by adding additional statutory...more

3/14/2019 / Class Representatives , Corporate Counsel , Debit and Credit Card Transactions , Dismissals , FACTA , Fair Credit Reporting Act (FCRA) , Injury-in-Fact , Spokeo v Robins , Standing , Subject Matter Jurisdiction

FCRA Defendant Falls Victim of its Own Success, Gets Caught in Catch-22 of Subject Matter Jurisdiction

Yesterday, a federal court ruled that it did not have subject matter jurisdiction to decide a FCRA-related case. Specifically, the court ruled that the plaintiff did not allege sufficient facts for him to have standing under...more

1/4/2019 / Article III , Fair Credit Reporting Act (FCRA) , Motion to Dismiss , Privacy Laws , Standing , Subject Matter Jurisdiction

Supreme Court Watch: Justices Seek Briefing on Potential Application of Spokeo

Here at FCRAland, we frequently discuss cases applying the Supreme Court’s 2016 case Spokeo v. Robbins. That case specified that, for a plaintiff to have standing under FCRA, the plaintiff would need to allege an injury that...more

12/19/2018 / Article III , Class Action , Class Representatives , Fair Credit Reporting Act (FCRA) , Injury-in-Fact , SCOTUS , Settlement , Settlement Offer , Spokeo v Robins , Standing

When Technicalities Are (and are not) Associated with Concrete Harm: The Spokeo Analysis as Applied in Long v. SEPTA, 2018 WL...

In the latest application of the Supreme Court’s 2016 Spokeo decision, the Third Circuit analyzed two alleged technical violations of FCRA and reached different conclusions with respect to the plaintiffs’ right to bring...more

9/19/2018 / Article III , Background Checks , Credit Reports , Employer Liability Issues , Fair Credit Reporting Act (FCRA) , Notice Requirements , Standing , Statutory Requirements

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