The Supreme Court has denied a petition to review its ruling in the case of Spokeo V. Robins. In May of 2016, the Court decided that a “technical” violation of The Fair Credit Reporting Act (FCRA) – does not constitute a “concrete injury” as Article III of the Constitution requires. Over the last two years several lower courts have adopted conflicting interpretations of the ruling. Some followed the SCOTUS decision and threw out cases against employers if the plaintiff could not establish they suffered concrete harm. Other courts have only required plaintiffs to allege that the violation caused imminent risk of harm. Citing this confusion, Spokeo filed a writ of certiorari in December – the second they have filed in the course of this case.
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