Counsel Katherine E. Armstrong and partner Michael P. Daly discussed “Class Actions After Spokeo” at the ABA Business Law Section’s annual meeting on Thursday, September 8, 2016. Katherine moderated the discussion and Mike was a panelist, along with Deepak Gupta of Gupta Wessler PLLC, Charlie Honig of the Consumer Financial Protection Bureau, and Rebecca Kuehn of Hudson Cook.
In May 2016, the Supreme Court handed down its decision in Spokeo, Inc. v. Robins, a class action alleging that Spokeo willfully failed to comply with the Fair Credit Reporting Act. The Supreme Court found that the Ninth Circuit had failed to consider both aspects of the injury-in-fact requirement and remanded the case for a determination of whether the plaintiff had alleged a concrete harm.
The panelists examined the short- and long-term implications of Spokeo for class actions, requirements of Article III standing, the differences between tangible and intangible harm, and what may be next, both for this particular action and others involving similar issues.