Third Circuit Hears Spokeo-Related Challenge

In Long v. Southeastern Pennsylvania Transportation Authority (SEPTA), the Third Circuit is set to rule on a challenge to the named plaintiffs lack of Article III standing in a Fair Credit Reporting Act (FCRA) putative class action. Plaintiffs alleged that SEPTA violated the FCRA by failing to provide job applicants with a clear and conspicuous disclosure that a consumer report may be obtained about the applicant for employment purposes, and failing to provide the plaintiffs with a pre-adverse action letter and copy of the consumer report before revoking their conditional offers of employment. The United States District Court for the Eastern District of Pennsylvania granted SEPTAs motion to dismiss, noting that the plaintiffs allegations amount to bare procedural violations without concrete harm. The plaintiffs appealed, arguing that district court erred in finding that they lacked standing under Article III. A final decision is yet to be announced.

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