Supreme Court declines to hear appeal of previous FCRA ruling

The appeal sought review of the highly disputed issue of whether/when statutory violations of the FCRA allow workers to sue businesses under the high court’s previous Spokeo decision.

The Supreme Court’s previous Spokeo ruling stated that would-be plaintiffs cannot sue over statutory violations alone, but must also show a violation caused them a “concrete and particularized” injury.

In the case in question – the Ninth Circuit’s decision in Syed v. M-I, LLC – the lower court held that the plaintiff met this requirement as the prospective employer willfully violated the federal Fair Credit Report Act (FCRA) by failing to comply with disclosure requirements before procuring consumer reports for employment purposes.

Ultimately, the Supreme Court denied M-I's petition for certiorari. The Supreme Court provided no explanation for its decision to decline to hear the appeal.

Source:, 11/13/2017

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