INDUSTRY NEWS
Court dismisses proposed FCRA lawsuit citing Spokeo ruling
A proposed class-action lawsuit against Time Warner Cable was dismissed by a Wisconsin federal court, finding that the job applicant could not show he had suffered “concrete harm.”
The plaintiff in the case, Cory Groshek, claims that Time Warner ran a credit check on him without properly disclosing that they would be doing so when he applied for a job with the cable telecommunications in 2015.
The suit was previously put on hold while the U.S. Supreme Court ruled in the case of Spokeo Inc v. Robins. The high court’s ruling made it more difficult for plaintiffs to bring no-injury FCRA actions based on mere statutory violations and the judge in Groshek’s case found his claims did not meet the rulings requirements of demonstrating real harm.
“Because the plaintiff has not alleged a concrete harm resulting from the defendant’s alleged violation of the FDCPA, the plaintiff does not have standing, and the court must dismiss the case,”
the judge wrote.
Source: Law360.com, 8/9/2016