8th Circuit Dismisses FCRA Claims for Lack of Standing

Weiner Brodsky Kider PC
Contact

Weiner Brodsky Kider PC

The Eighth Circuit recently ruled that a plaintiff failed to allege a concrete injury-in-fact sufficient for Article III standing in a suit alleging violations of certain procedural requirements under the Fair Credit Reporting Act (FCRA) in connection with the handling of a consumer report the plaintiff had agreed to provide as part of an application for employment.

The circuit court applied Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), in which the Supreme Court emphasized that Article III standing requires a concrete injury even in the context of a statutory violation.  Although the plaintiff alleged harm to her privacy, reputation, and security interests based on a number of statutory violations in connection with the procuring, using, and furnishing of her consumer report under FCRA, the court found that, because the plaintiff had consented to the report, there was no intangible injury sufficient to confer standing.

The Eighth Circuit is at least the fourth circuit court to consider similar standing issues in the wake of the Supreme Court’s Spokeo decision.  Like the Eighth Circuit, the Fourth Circuit, in Dreher v. Experian Info. Solutions (4th Cir. 2017), and the Seventh Circuit, in Groshek v. Time Warner Cable (7th Cir. 2017), have both denied Article III standing in cases alleging procedural FCRA violations. On the other hand, the Ninth Circuit, in considering the Spokeo case on remand (9th Cir. 2017), found the plaintiff alleged a sufficiently concrete injury-in-fact in connection with FCRA violations to confer standing.

The case is Auer v. CBCInnovis, Inc., et al., Case No. 17-2413 (8th Cir. 2018), and the opinion may be found here.

Written by:

Weiner Brodsky Kider PC
Contact
more
less

Weiner Brodsky Kider PC on:

Reporters on Deadline

Related Case Law

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.