Spokeo And "No-Injury" Class Actions In Wisconsin Courts

In the wake of the decision from the Supreme Court in the United States on Spokeo, Inc. v. Robins, courts are grappling with how to apply the injury requirement for standing under Article III to "no-injury" class actions. "No-injury" class actions are those brought by plaintiffs who rely on technical violations of statutory requirements to support their claims for automatic damages under the statute. While Spokeo did not definitively address the standing question in "no-injury" class actions, the decision has renewed interest in challenging the sufficiency of the injury alleged in these cases and beyond.

The Spokeo Decision

In Spokeo, Inc. v. Robins, 578 U.S. __ , 136 S.Ct. 1540 (2016), the Supreme Court analyzed whether the plaintiff could bring a claim under the Fair Credit Reporting Act (FCRA). The FCRA provides automatic damages for any violation of the statute. The plaintiff based his claim solely on the publishing of inaccurate information, an alleged