Two recent decisions by the U.S. Courts of Appeals for the Second and Seventh Circuits provide further clarity as to the type of alleged injury that is—and is not—”concrete” enough to satisfy Article III standing. The circuits’ careful analysis of the U.S. Supreme Court’s decision in Spokeo v. Robins, — U.S.–, 136 S. Ct. 1540, 1548 (2016), the consumer protection statutes at issue in these putative class action lawsuits, and the plaintiffs’ alleged injuries will be highly instructive for counsel and lower courts in future litigation.1
Second Circuit
In Strubel, the plaintiff filed a putative class action against Comenity Bank (the bank) to recover statutory damages for alleged violations of the Truth in Lending Act (TILA), 15 U.S.C. §§1601 et seq. The plaintiff alleged that the disclosure notice provided to her by the bank at the time she opened her credit card account failed to disclose certain consumer rights allegedly required under TILA. See Strubel v. Comenity Bank, 842 F.3d 181, 2016 WL 6892197, *1 (2d Cir. Nov. 23, 2016).2
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