Spokeo-Based Stays Gaining Steam In Consumer Litigation

On April 27, 2015, the United States Supreme Court granted certiorari in Spokeo Inc. v. Robins to address the issue of whether Congress may confer Article III standing on a plaintiff who suffers no concrete harm by simply authorizing a private right of action based on the violation of a federal statute alone. Although the substantive decision in Spokeo could have wide-ranging implications for lawsuits brought for technical, no-harm violations of consumer protection statutes, the Supreme Court's grant of certiorari alone has had an impact throughout federal district courts. In light of the Supreme Court's grant, numerous courts have stayed litigation pending the outcome of Spokeo.