Spokeo, Inc. v. Robins
578 U.S. 330 (2016) — Supreme Court of the United States (2016)
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Facts of the Case
Thomas Robins sued Spokeo under the Fair Credit Reporting Act (FCRA), alleging Spokeo published inaccurate personal information about him. Spokeo argued Robins lacked Article III standing because he only alleged a statutory violation without 'concrete injury.' The Ninth Circuit held the statutory violation alone was sufficient for standing.
Legal Issue
Does a plaintiff have Article III standing to sue for a statutory violation without alleging concrete harm beyond the bare statutory violation? Or must the plaintiff show actual, tangible injury?
Court Holding
The Supreme Court held (6-2) that a plaintiff must allege BOTH a particularized injury AND a concrete injury to have Article III standing. A bare statutory violation, without concrete harm, is insufficient. However, a statutory violation can be 'concrete' if Congress enacted the statute to protect against intangible harms traditionally recognized — but the plaintiff must still allege the violation caused actual harm or a material risk of harm.
Why This Case Matters
Spokeo has major implications for federal statutory claims in foreclosure — FDCPA, FCRA, RESPA, TILA. After Spokeo, a homeowner cannot merely allege 'the servicer violated RESPA' and claim standing. The homeowner must allege CONCRETE INJURY: financial harm, emotional distress, reputational damage, or material risk of harm. A technical violation (servicer responded 31 days instead of 30, with no actual harm) may not confer standing. Federal courts routinely dismiss statutory claims without concrete injury after Spokeo.
Impact on Homeowners
When pleading federal statutory claims, always allege SPECIFIC concrete injury: 'The servicer's failure to respond to my NOE caused me to lose my refinance opportunity, costing me $450/month in additional interest' (financial harm), 'The debt collector's threatening calls caused severe anxiety requiring medical treatment' (emotional distress). Do NOT rely on 'the defendant violated the statute, therefore I have standing.' Spokeo requires more.
Related Resources
Defense Doctrines
Frequently Asked Questions
What counts as 'concrete injury' after Spokeo?▼
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