On May 16th, the US Supreme Court provided clarity on Fair Credit Reporting Act litigation. In particular, the Court ruled that the Ninth Circuit erred in concluding that plaintiffs may sue companies without alleging actual injuries.
Womble Carlyle attorney Bob Ambler discussed the Spokeo Inc. v. Thomas Robins case with Law360.com.
“The Supreme Court’s Spokeo decision says little about the Fair Credit Reporting Act and much about judicial review. In a 6-2 decision, the court held that the court of appeals failed to fully examine whether the plaintiff’s complaint adequately described actual injury to the plaintiff. The Supreme Court resolved a conflict among the lower courts by making clear that alleging a violation of a statute does not grant a plaintiff a ticket into federal court. Only a plaintiff who can concretely allege injury in fact can bring suit in federal court,” Ambler said.
Bob Ambler represents directors and officers, accountants, broker-dealers, issuers, and shareholders in cases involving all aspects of the state and federal securities and corporate governance laws, including corporate control contests. Ambler has been lead counsel defending numerous directors and officers of closed banks in lawsuits brought by the FDIC. He practices in Womble Carlyle’s Atlanta office.