The U.S. Court of Appeals for the Ninth Circuit recently issued an opinion in Dutta v. State Farm, addressing constitutional standing in Fair Credit Reporting Act (FCRA) cases. The Ninth Circuit ruled for the employer in the case, affirming summary judgment on the ground that the plaintiff lacked standing to assert his claim for violation of the pre-adverse action notice provision in the FCRA. In the case, the employee alleged that State Farm rejected him for employment based on information in his credit report, without providing him with a pre-adverse action notice and an opportunity to contest the information.
