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In the Fair Credit Reporting Act (FCRA) case of Derrick v. Full House Mktg., the Middle District of North Carolina found the plaintiff to have Article III standing to bring his claims in federal court, denying an employer defendant’s Motion to Dismiss. The plaintiff sued the defendant in the case because he was not provided a copy of his consumer report with a pre-adverse action letter and was unaware that it inaccurately stated that he had been found guilty of six felonies and misdemeanors. The defendant asserted a facial challenge, arguing that the plaintiff “has failed to articulate any injury” because an informational injury cannot confer Article III standing. The court, however, held that the plaintiff had sufficiently alleged that he suffered an injury in fact that was concrete and particularized and so had Article III standing.

 

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Post By Ken Shafton (1,696 Posts)