Consumer Law & Policy Blog

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Monday, November 02, 2015

Supreme Court to hear argument today in important consumer case

The U.S. Supreme Court will hear this morning in Spokeo v. Robins, a case with important implications for a range of consumer protection statutes. The question before the Court, as framed by the company, is "Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action based on a bare violation of a federal statute." Behind that question is the debate over whether Congress can create a statutory right, the violation of which constitutes injury that satisfies the standing requirements of Article III, as the Court has previously defined those requirements.

The LA Times reported on the story yesterday. Read "Supreme Court case pits privacy rights against Internet data brokers," here.

SCOTUSBlog's Amy Howe sums up the stakes this way:

The dispute before the Justices is about whether [Robins's] lawsuit can proceed at all, and the stakes are potentially quite high.  The defendant in the case, Spokeo, complains that allowing lawsuits like these will have dire consequences, opening the door to all kinds of frivolous class action lawsuits.  But plaintiff Thomas Robins and his supporters predict equally ominous results, telling the Court that a ruling for Spokeo could bar not only lawsuits like his but also potentially important civil rights and environmental lawsuits.

Her full blog post is a good summary of the arguments in the case.

Among the 17 amicus briefs filed in support of the company and 16 filed in support of the plaintiff is Public Citizen's amicus brief in support of Robins, posted here.

Posted by Allison Zieve on Monday, November 02, 2015 at 08:50 AM | Permalink | Comments (0)

Sunday, November 01, 2015

The second part of the New York Times series on forced arbitration

The second installment of the blockbuster New York Times series on forced arbitration is here. The headline is "In Arbitration, a 'Privatization of the Justice System.'" Whereas the first installment was focused on the macro effects -- how the Supreme Court's rulings have resulted in a massive suppression of claims by consumers and employees -- this second installment focuses on the micro effects: What actually happens to people whose cases are among the few to make it to arbitration? Told through compelling personal stories, this reporting does as good a job as any journalism thus far in revealing the unfairness of forced arbitration. (The Alliance for Justice film Lost in the Fine print also deserves to be mentioned here, because it's unlikely that the Times series would have happened had it not been for the film and because the film too does an excellent job of making this seemingly technical legal issue come alive.)

Yesterday, I said that I hoped that the prominence of this series would have an impact on our collective consciousness on this issue. It appears to have already made a dent. At a Halloween party last night, I was surprised by how many non-lawyers mentioned that they had read the story and were shocked by it. I live in Washington, DC, though, and many of my friends are journalists and people interested in policy; so perhaps that shouldn't be too surprising. Even more remarkable is this fact: Arbitration was a trending topic on Twitter yesterday. Who would ever have predicted that? It's a promising start.

Posted by Public Citizen Litigation Group on Sunday, November 01, 2015 at 01:30 PM in Arbitration, Consumer Litigation, U.S. Supreme Court | Permalink | Comments (0)

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