9th Cir. Finds Art. III Standing for FCRA Case Even Where Plaintiff Suffers No Actual Damages

In Robins v. Spokeo, Inc., — F.3d —-, 2014 WL 407366 (9th Cir. 2014), the Court of Appeals for the Ninth Circuit held that Article III standing exists under FCRA even in the absence of actual damages suffered by the consumer,

In standing cases that analyze statutory rights, our precedent establishes two propositions. First, Congress’s creation of a private cause of action to enforce a statutory provision implies that Congress intended the enforceable provision to create a statutory right. See  Fulfillment Servs. Inc. v. United Parcel Serv., Inc., 528 F.3d 614, 619 (9th Cir.2008). Second, the violation of a statutory right is usually a sufficient injury in fact to confer standing. See  Edwards v. First Am. Corp., 610 F.3d 514, 517 (9th Cir.2010) ( “Essentially, the standing question in such cases is whether the constitutional or statutory provision on which the claim rests properly can be understood as granting persons in the plaintiff’s position a right to judicial relief.”); Fulfillment Servs., 528 F.3d at 619 (same).  ¶  Spokeo contends, however, that Robins cannot sue under the FCRA without showing actual harm. But the statutory cause of action does not require a showing of actual harm when a plaintiff sues for willful violations. 15 U.S.C. § 1681n(a) (“Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to … damages of not less than $100 and not more than $1,000 ….”); see also  Beaudry v. TeleCheck Servs., Inc., 579 F.3d 702, 705–07 (6th Cir.2009) (ruling that the FCRA “permits a recovery when there are no identifiable or measurable actual damages”); Murray v. GMAC Mortg. Corp., 434 F.3d 948, 952–53 (7th Cir.2006) (ruling that the FCRA “provide[s] for modest damages without proof of injury”).  ¶  The scope of the cause of action determines the scope of the implied statutory right. See  Edwards, 610 F.3d at 517 (“Because the statutory text does not limit liability to instances in which a plaintiff is overcharged, we hold that Plaintiff has established an injury sufficient to satisfy Article III.”). When, as here, the statutory cause of action does not require proof of actual damages, a plaintiff can suffer a violation of the statutory right without suffering actual damages.