In the years following the Supreme Court s decision in
Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) which held that bare procedural violation[s],
divorced from any concrete harm, [do not] satisfy the
injury-in-fact requirement of Article III district
courts have had to grapple with the question of standing under the
Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681,
et
seq., and in particular, what injuries resulting from an
alleged violation of FCRA are sufficiently concrete to invoke
Article III standing.
This blog post discusses claims arising under Section
1681b(b)(1)(A) of the FCRA. Under that section, a consumer
reporting agency (CRA) may furnish a consumer report to an employer