The U.S. Supreme Court is expected to hear arguments on Nov. 2 on the question of whether Congress may confer Article III standing on a plaintiff who suffers no concrete harm and who could not otherwise invoke the jurisdiction of a federal court. In Spokeo, Inc. v. Robins, the high court is considering whether to authorize a private right of action based on a bare violation of a federal statute.

Plaintiff Thomas Robins seeks to establish standing under the Fair Credit Reporting Act (FCRA). The Ninth Circuit U.S. Court of Appeals found that while he suffered no actual damages from an online posting of inaccurate wealth information, he satisfied the FCRA’s injury-in-fact requirement. Robins asserts he has sustained long-term injury to his credit. Opponents are concerned that the case could open the floodgates to no-injury class actions.

HB Litigation Conferences’ Consumer Class Action Conference in Puerto Rico will take a deep dive into this and other issues that impact the landscape for class action litigation.