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Evaluating and Challenging Standing in Fair Credit Reporting Act Actions

In Dutta v. State Farm Mutual Automobile Insurance Company, Dutta alleged that State Farm was in violation of the Fair Credit Reporting Act when it failed to provide him with notice of his Fair Credit Reporting Act (FCRA) rights and a copy of his consumer report prior to denying his employment application. The district court granted State Farms motion for summary judgement on the ground that Dutta failed to establish an injury-in-fact and thus lacked standing. On appeal, the Ninth Circuit agreed with the ruling. The case highlights the importance of evaluating and potentially challenging a plaintiffs standing in a FCRA action.

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