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August 14 2017

Fourth Circuit Applies Spokeo and Reverses $12 Million FCRA Action Judgement

In May, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Dreher v. Experian Information Solutions, Inc., reversing and dismissing a nearly $12 million award in a Fair Credit Reporting Act (FCRA) class action.
After applying the U.S. Supreme Court 's 2016 decision in Spokeo, Inc. v. Robins, the court found that the representative plaintiff lacked Article III standing to bring his claims.

At the district court level, summary judgement was granted in favour of the plaintiff on his willful violation claim.
Experian Credit Solutions, Inc. stipulated to an award of $170 statutory damages for each member of the class. The case should be welcome news for defendants facing technical claims, as the Fourth Circuit is trending toward requiring real, concrete harm to find Article III standing.