Supreme Court skips on Spokeo review

Supreme Court skips on Spokeo review

Excerpted from lexology.com, by Allison H. Semaya

The United States Supreme Court recently announced that it would not hear a challenge to the Ninth Circuit’s decision in Sarmad Syed v. M-I, LLC, No. 14-17186 (9th Cir. January 20, 2017), in which the appellate court found that the Fair Credit Reporting Act (“FCRA”) requires that a disclosure form must “solely consist” of the disclosure and that inclusion of a liability waiver is a willful violation of the statute.

The Ninth Circuit panel subsequently denied a petition for rehearing and amended their decision to clarify that the plaintiff’s allegations were sufficient to establish standing under Spokeo Inc. v. Robins, 136 S. Ct. 1540 (2016). The Supreme Court’s refusal to take up the appeal means that, for now, the highest court will not be providing any further direction or clarity on how to evaluate standing under its landmark decision in Spokeo.

By way of review, in Spokeo, the Supreme Court held that a plaintiff cannot merely rely on statutory violations of the FCRA to establish Article III standing, but instead must allege a tangible or intangible concrete harm.

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