Spokeo Judges Take Another Look at Harm from Bad Data

Questions from the Ninth Circuit about how inaccurate online information actually affected a plaintiff’s job prospects could derail a putative class action (Robins v. Spokeo Inc., 9th Cir., No. 11-56843, argued 12/13/16).

Judge Carlos T. Bea even suggested at oral argument in the U.S. Court of Appeals for the Ninth Circuit Dec. 13 that the court allow the plaintiff to file an amended complaint at this late date to add more details about his reputation and how it was harmed. And Judge Diarmuid F. O’Scannlain latched onto the idea.

The U.S. Supreme Court held in May that the ...