Circuit, Building on Post-'Spokeo' Law, Affirms Dismissal for Lack of Concrete Injury
The suit is the most recent affected by the Spokeo ruling, here focused on the bare procedural claims under the Fair and Accurate Credit Transactions Act of 2003.
September 19, 2017 at 04:01 PM
3 minute read
The U.S. Court of Appeals for the Second Circuit added further clarification Tuesday to concrete injury requirements in claims of bare procedural violations of statutes in the wake of the U.S. Supreme Court's 2016 Spokeo v. Robins.
In Katz v. The Donna Karan Company, 15-464, Second Circuit Chief Judge Robert Katzman, along with Judges Rosemary Pooler and Denny Chin, upheld U.S. District Judge Paul Crotty of the Southern District of New York's decision in the case now before the appellate court, even as he was ordered to amend the dismissal to be without prejudice.
The suit is the most recent affected by the Spokeo ruling, here focused on the bare procedural claims under the Fair and Accurate Credit Transactions Act of 2003. The act aims to protect consumers from identity fraud by, among other things, restricting what credit card information can appear on a sales receipt.
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