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Ohio appeals court dismisses FCRA class action, cites Spokeo

Noting the ruling by the United States Supreme Court in Spokeo, the Court of Appeals of Ohio stated that plaintiffs in the case of Smith et al v. The Ohio State University pleaded no particularized injury-in-fact and thus lacked standing to pursue their claims.

The plaintiffs in the class claimed that Ohio State violated the federal Fair Credit Reporting Act when the university provided job applicants with improper background check disclosure forms. The plaintiffs were hired by the University but claimed that they suffered harm because their privacy was invaded and they were misled as to their rights under the FCRA.

Ultimately, the state appellate court declined to adopt a "statutory standing" doctrine in Ohio that would allow standing for a federal statutory claim without the existence of an alleged injury-in-fact.

The case is Smith et al v. The Ohio State University, No. 2:2015cv03030 - Document 27 (S.D. Ohio 2016).

Source: Troutman Sanders, 12/8/2017

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