Supreme Court sends Spokeo misinformation suit back to 9th Circuit for a second look at standing
The U.S. Supreme Court is asking a federal appeals court to reconsider a standing claim by a job hunter who alleged data aggregator Spokeo published wrong information about him.
In a decision (PDF) on Monday, the U.S. Supreme Court said the San Francisco-based 9th U.S. Circuit Court of Appeals had focused on just one of two requirements for federal court standing in the suit filed by Thomas Robins.
Standing requires an injury that is both concrete and particularized. The 9th Circuit focused on particularity while overlooking concreteness, according to the majority opinion by Justice Samuel A. Alito Jr.
Robins had filed a would-be class action under the Fair Credit Reporting Act, which requires fair and accurate credit reporting. Robins says Spokeo was wrong when it said he is married, has children, is in his 50s, has a job, is relatively affluent, and holds a graduate degree.
The 9th Circuit had found Robins alleged concrete injuries because of claims that Spokeo violated his statutory rights, and because his personal interests in the handling of his credit information are individualized rather than collective. But those observations concern particularization, not concreteness, Alito said.
A mere procedural violation of the Fair Credit Reporting Act may not cause the kind of harm necessary for Article III standing, Alito said. “An example that comes readily to mind is an incorrect zip code,” Alito wrote. “It is difficult to imagine how the dissemination of an incorrect zip code, without more, could work any concrete harm.”
Justice Ruth Bader Ginsburg dissented in an opinion joined by Justice Sonia Sotomayor. Ginsburg noted Robins’ allegations that the Spokeo report made him appear overqualified for jobs he wanted, suggested he expected a higher salary than employers would be willing to pay, and suggested he was less mobile because of family responsibilities.
“Robins’ allegations carry him across the threshold” for standing, Ginsburg said.
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ABAJournal.com: “Job hunter who claimed Spokeo published wrong information may sue, 9th Circuit says”