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May 23, 2016

23 May 2016

Supreme Court to Ninth Circuit in Spokeo–Get ‘Real’ on Injury

This article originally appeared in the Bloomberg BNA Privacy and Security Law Report on May 23, 2016.

In Spokeo, Inc. v. Robins, decided May 16, the U.S. Supreme Court ruled that plaintiffs who allege violations of statutes that contain a private right of action and statutory damages do not have automatic ‘‘standing’’ to sue. The Court instead found that to meet the constitutional requirement of standing, the plaintiff must establish not only the ‘‘invasion of a legally protected interest’’ defined by Congress, but also that the plaintiff suffered a “concrete and particularized” harm to that interest.

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