October 12, 2016 Practice Points

Sixth Circuit Reverses District Court, Finds Standing for FCRA Claims in the Wake of Spokeo

Another case attempting to interpret the parameters of Article III standing in statutory class actions

by Ashley Bruce Trehan

The U.S. Supreme Court’s less-than-climactic decision earlier this year in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), has led to cases attempting to interpret the parameters of Article III standing in statutory class actions.

But the Sixth Circuit in Galaria v. Nationwide Mutual Insurance Co., --- F. App'x ----, 2016 WL 4728027 (6th Cir. Sept. 12, 2016), saw no need to wade into Spokeo’s analysis of what “bare procedural violations” or other “circumstances” that might meet Article III’s injury-in-fact requirement. In a 2–1 decision, the panel found the plaintiff had established Article III standing and allowed the plaintiffs’ Federal Credit Reporting Act (FCRA) claims to proceed, reversing the trial court.

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