Partner Lee Brenner
co-authored the Bloomberg BNA
article “Has the Supreme Court’s Resolution of Spokeo
Played Out as Expected?”
On May 16, 2016, the United States Supreme Court held in Spokeo Inc. v. Robins
that a consumer cannot satisfy the injury-in-fact demands of Article III by alleging only a bare procedural violation of a statute, divorced from any concrete harm. The article examines the Spokeo
decision and how that case impacted litigation in various contexts, including data privacy, the Truth in Lending Act (TILA), the Fair and Accurate Credit Reporting Act (FACTA), and the Telephone Consumer Protection Act (TCPA). The Supreme Court’s decision in Spokeo
did not uniformly lead to defendant-friendly decisions as anticipated and various splits of authority concerning standing remain.