We recently wrote about a decision in Attias v. CareFirst, Inc., holding that a class of plaintiffs whose information was compromised in a cyberattack had sufficiently demonstrated standing to survive a motion to dismiss. The U.S. Court of Appeals for the Ninth Circuit now has added to the toolbox for plaintiffs in cyber cases whose standing is challenged.
In Robins v. Spokeo, which the Ninth Circuit heard on remand from the U.S. Supreme Court, the issue was whether the plaintiff —who alleged that an inaccurate report about him on Spokeo’s consumer reporting web site constituted willful violations of the Fair Credit Reporting Act — had alleged a sufficiently “real” injury to meet the elements necessary for Article III standing.
The district court dismissed the complaint, holding that the plaintiff’s allegation of a bare violation of the statute did not show that he had suffered an injury-in-fact. The Ninth Circuit reversed in Spokeo I, holding that by alleging a violation of his statutory rights, the plaintiff had alleged a concrete and particularized injury. The U.S. Supreme Court granted certiorari and vacated that opinion, holding that the Ninth Circuit’s analysis had been incomplete, and remanded for further consideration of whether the injury was sufficiently concrete to support standing. FULL ARTICLE