Spokeo v. Robbins

Posted: November 30, 2015 by beguide in case summaries, Civil Procedure, Moral High Ground, Standing
Tags: ,

WHAT HAPPENED?

Plaintiff is suing a credit report website for publishing incorrect information about his credit. Plaintiff’s claim is based in the Fair Credit Reporting Act, which affords citizens the right to bring a lawsuit against credit agencies for negligent reporting.

WHY IS THIS BEFORE THE SUPREME COURT?

This is before the Supreme Court because the Plaintiff has not, and likely cannot, prove damages as part of his claim. This can go in a few different directions, as the Court must decide whether (1) the statute does not require damages, i.e. the Plaintiff wins, (2) the statute requires damages and Plaintiff has proven damages, i.e. the Plaintiff wins, or (3) the statute requires damages and the Plaintiff has not proven damages, i.e. the Defendant wins.

WHAT IS THE RULING

This case is not yet decided.

WHAT ARE THE RAMIFICATIONS OF THIS DECISION?

This case is like a cornucopia of things that annoy the Citizen’s Guide to the Supreme Court. On one hand you have poor statute writing, as the Fair Credit Reporting Act should have answered this question on their own. On another, you have the threat of voluminous lawsuits based on principal instead of actual legal damages. And finally, you have Credit Reports which are basically a great fraud committed upon the American Public. So if it is somehow possible that everyone would lose, like when the Redskins play the Cowboys, that would be excellent.

YOU SHOULD ROOT FOR SPOKEO IF YOU

Would like to see the money that goes into all those Free Credit Report ads go to people who had false stuff published about them on the internet. You also think that anything published incorrectly about you on the internet entitles you to money, you wimp.

YOU SHOULD ROOT FOR THE ROBBINS IF YOU:

Feel as though kids these days aren’t tough enough, and people should expect false information being published about them on the internet. In my day, you had to really damage someone on the internet to get damages, and these damn millennials are ruining it for everyone. Disclosure –If you are rooting for Robbins, this is what you sound like.


 

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