On November 2, 2015, a sharply divided Supreme Court of the
United States heard oral arguments in Spokeo, Inc. v.
Robins, where it considered whether Congress may confer
Article III standing by authorizing a private right of action based
on the violation of a federal statute alone, despite a plaintiff
having suffered no concrete harm. This closely-watched case has
major potential implications for consumer-facing companies of all
types, as it may result either in a "green light" for
no-damage class actions based on technical liability theories, or
could result in a requirement that plaintiffs plead and prove some
concrete harm, which would create a major new roadblock for
consumer claims, particularly class actions. Based on questioning
and comments during argument, the Court appears divided 4-4, with
Justice Anthony Kennedy largely mum and appearing to hold the
deciding vote.
