First Nail in the Coffin for No-Injury Suits? Supreme Court Makes Clear the Days of Hyper-Technical Lawsuit Claims May Be Over

– ABA Consumer Financial Services Committee Newsletter
No actual harm, no lawsuit? That might be the end result from the Supreme Court’s ruling in Spokeo, Inc. v. Robins that a plaintiff must show an injury in fact before pursuing a claim for violation of the federal Fair Credit Reporting Act, a holding that could have major repercussions for consumer plaintiffs pursuing claims under a wide variety of consumer protection statutes. Justice Alito delivered the opinion of the Court, in which Chief Justice Roberts, Justices Kennedy, Thomas, Breyer, and Kagan joined. Justice Clarence Thomas wrote a concurring opinion, while Justice Ginsburg dissented, with Justice Sotomayor joining that dissent.

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