Ninth Circuit: Speculative Injuries Do Not Confer Article III Standing

February 28, 2018
Omar Parra and Lawrence S. Zucker II – Publications & Insights

As Dwight Schrute of hit NBC show “The Office” said, “identity theft is not a joke, Jim! Millions of families suffer every year!” In response, Congress has passed a variety of legislation over the years aimed at curbing identity theft. One such piece of legislation, the Fair Credit Reporting Act (“FCRA”), as amended by corollary acts, prohibits the printing of more than the last 5 digits of the credit card number or the credit card number’s expiration date on any sales receipt. Anyone who “willfully fails to comply with [the requirements] is liable to that consumer” for statutory or actual damages, attorney’s fees and costs, and potential punitive damages. But is a statutory violation of the FCRA alone a sufficient injury to confer Article III standing? No, says the Ninth Circuit.

Reprinted courtesy of Omar Parra, Haight, Brown & Bonesteel LLP and Lawrence S. Zucker II , Haight, Brown & Bonesteel LLP
Mr. Parra may be contacted at oparra@hbblaw.com
Mr. Zucker may be contacted at lzucker@hbblaw.com



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