By agreeing to hear Spokeo v. Robins, it seems as though the U.S. Supreme Court would finally tackle an issue it had previously dodged: Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm and who therefore could not otherwise invoke the jurisdiction of a federal court,by authorizing a private right of action based on a bare violation of a federal statute.

The facts of Spokeo are simple and straightforward. Thomas Robins sued Spokeo “a people search engine” for alleged violations of the Fair Credit Reporting Act. Robins claimed that Spokeo violated the FCRA by publishing inaccurate information about him and that as a result he had been unsuccessful in seeking employment and was concerned that his future ability to obtain credit would be impacted. Robins filed his case as a putative class action.

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