Court dismisses FCRA class action for failure to show concrete injury

The U.S. Court of Appeals for the Seventh Circuit, quoting the Supreme Court’s decision in Spokeo v. Robins, affirmed the dismissal of an applicant’s class-action suit, finding that the plaintiff failed to show he suffered a concrete injury and thus lacked Article III standing.

In the case of Groshek v. Time Warner Cable, Inc., the plaintiff alleged violations of the Fair Credit Reporting Act (FCRA)’s “stand-alone” disclosure requirement. The plaintiff alleged that the disclosure included extraneous information such as a liability release.

The Seventh Circuit found that the plaintiff failed to show he suffered a concrete injury and thus lacked Article III standing because he did not allege that the companies failed to provide him with a disclosure that informed him that a consumer report may be obtained for employment purposes; that any of the additional information caused him to not understand the consent he was given; that he would not have provided consent but for the extraneous information on the form; that additional information caused him to be confused; or that he was unaware.

With respect to an alleged privacy injury, the Seventh Circuit concluded that because the plaintiff admitted he signed the disclosure and authorization form, he could not maintain that he suffered a concrete privacy injury.

Source: Employment Law Daily Wrap Up, 8/1/2017

Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
Something went wrong.Try again
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Something went wrong.Try again

Get In Touch

Send a Message *fields required

What are your Interests?optional

Even our RFP PROCESS is state-of-the-art.

Find out why

What Our Clients Are Saying

The service you provide at Truescreen has been the best I have ever seen in comparison to other vendors I have worked with in the past! You guys rock!

Talent Acquisition Specialist
Retail Store Chain

I am very impressed with your company’s customer service, and the Truescreen portal seems to be an intuitive, user-friendly design.

Learning Coordinator
Public College

Our team loves working with Truescreen and the expedient, thorough service and results we get from you.

Human Resources Executive
Large Hotel Chain

I appreciate all your hard work ensuring that individuals are cleared through our processes. Truescreen makes my job so much easier and less stressful.

Human Resources Analyst
Large Academic Institution

You are leaving

Ok, Continue Cancel