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Patricia O'Connell
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Kirk Nahra Comments on Spokeo Decision Addressing Standing in Federal Lawsuits

August 16, 2017

Kirk J. Nahra, chair of Wiley Rein’s Privacy & Cybersecurity Practice, was quoted in Law360’s coverage of yesterday’s Ninth Circuit ruling that a consumer had standing to sue Spokeo based on allegations that the search company violated the Fair Credit Reporting Act by publishing inaccurate information about the consumer. In the case, Thomas Robins v. Spokeo Inc., the plaintiff claimed that false data posted by Spokeo – regarding, for example, the plaintiff’s income, education, and marital status – harmed his job prospects. The decision followed last year’s much-debated Supreme Court decision that plaintiffs must demonstrate more than a procedural violation to establish standing in federal courts.

However, Mr. Nahra said it remains unclear how the ruling will impact future litigation over standing. “We can expect this case to advance the debate [over standing], but not end it in any way,” Mr. Nahra said.

The article can be found here (subscription required).