Four years ago last week, the U.S. Supreme Court issued its opinion in Spokeo v. Robins. Four years later, the fight over what Spokeo means continues. CDIA has filed many amici briefs over the last four years to help courts bring greater clarity to what the Supreme Court meant when it issued Spokeo (Eg., Patel v. Facebook). Unfortunately, several courts, especially the Ninth Circuit, have afforded access to federal courts in the absence of any real-world harm.
Four years after Spokeo, the plaintiff and defense bars continue to debate the impact of the decision. The divergance of views is laid out in a Law 360 piece (paywall), Who Won Spokeo? Attys Still Debating 4 Years Later. As noted in the story, Paul G. Karlsgodt, the head of BakerHostetler’s class action defense team, said “[w]hat we typically see when the Supreme Court speaks is, despite the desires of many of us in the bar, there are no hard and fast rules created. Instead, what we get is a standard that the lower courts have to grapple with, and that’s what’s happening with standing.”
Eric J. Ellman is Senior Vice President for Public Policy and Legal Affairs at the Consumer Data Industry Association (CDIA) in Washington, DC. He also served for eight months as Interim President and CEO of the Association. More