A Pennsylvania district court recently dismissed a complaint due to the plaintiff’s lack of standing to assert violations of the Fair Credit Reporting Act. In Harmon v. RapidCourt, LLC, Case No. 17-5699 (E.D. Pa. Nov. 20, 2018), consumer plaintiff Icarus Harmon asserted violations based on a stale criminal history that RapidCourt had provided to a consumer reporting agency.
Relying on the U.S. Supreme Court’s decision in Spokeo, Inc. v. Robins, the Court found that these allegations were insufficient to confer standing “because the disclosure of information to another consumer reporting agency, does not constitute a concrete harm.” The Court assumed, without finding, that RapidCourt itself was a consumer reporting agency, but was “unwilling to find that the transmission of allegedly prohibited information from one consumer reporting agency to another is a concrete injury that is ‘real and not abstract.’