A U.S Supreme Court decision in Spokeo Inc. v. Robins could have implications for Employee Retirement Income Security Act (ERISA) litigation.
The decision was already referenced in an order by the Supreme Court remanding the Verizon pension risk transfer lawsuit back to an appellate court. And, alerts from law firms suggest the decision will impact other ERISA litigation.
Spokeo suit applies to the Fair Credit Reporting Act of 1970 (FCRA).
Spokeo, Inc., an alleged consumer reporting agency, operates a “people
search engine,” which searches a wide spectrum of databases to gather
and provide personal information about individuals to a variety of
users, including employers wanting to evaluate prospective employees.
After Thomas Robins discovered that his Spokeo-generated profile
contained inaccurate information, he filed a federal class-action
complaint against Spokeo, alleging that the company willfully failed to
comply with the FCRA’s requirements.
A district court dismissed
Robins’ complaint, holding that he had not properly pleaded injury in
fact as required by Article III. The 9th U.S. Circuit Court of Appeals
reversed. Based on Robins’ allegation that “Spokeo violated his
statutory rights” and the fact that Robins’ “personal interests in the
handling of his credit information are individualized,” the court held
that Robins had adequately alleged an injury in fact. NEXT: Additional review for determining injury