Spokeo Ruling Deals Blow To Cos. But May Have Silver Lining
Carlton Fields Shareholder Kristin Shepard was quoted in the Law360 article, “Spokeo Ruling Deals Blow To Cos. But May Have Silver Lining.” The Ninth Circuit unanimously ruled that in Spokeo v. Robins, Robins’ claims that the harm resulting from an allegedly inaccurate consumer report published by Spokeo, Inc. met the standing bar. According to Law360, this ruling “gives class action plaintiffs a boost in their bids to block defendants from making quick exits, but the panel's fact-specific analysis may limit the ruling's broader application and leave companies with a stronger defense down the line.”
Shepard commented:
The significant question is whether the ruling will have implications beyond FCRA [Fair Credit Reporting Act] cases that allege a material misrepresentation of personal facts concerning the named plaintiffs. When the Ninth Circuit went to address the concreteness of the injury, it looked at two things: the FCRA itself and its legislative history, and the common law of libel. That rationale lends [itself] to a rather narrow reading of the case.
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