Spokeo Lawsuit Heard by Supreme Court

Washington, DCThe US Supreme Court has heard arguments in the Spokeo lawsuit, which alleged Spokeo published false and misleading information about people without the victims’ knowledge or consent. The lawsuit was filed by Tom Robins, who alleged Spokeo published false information about him and marketed this information to employers while he was looking for work.

Spokeo is an online company that creates profiles of people based on information found online. Thomas Robins filed his lawsuit alleging violations of the Fair Credit Reporting Act because information Spokeo compiled about him was incorrect. Spokeo argues Robins cannot sue because the information it shared did not cause any real-world harm, according to Politico (11/2/15). But Robins argues he does not have to prove real-world harm, he only has to prove Spokeo broke the Fair Credit Reporting Act.

Fortune (11/2/15) notes that among the information Spokeo had incorrect about Robins was his age, marital status and professional experience. Although Spokeo listed Robins as being in his 50s, married and professionally employed, Robins was actually much younger, single and unemployed.

A federal district judge in Los Angeles initially dismissed Robins’s lawsuit, rejecting Robins’s claims that his job prospects were negatively affected by the false profile. But according to the Los Angeles Times (11/1/15), the 9th Circuit Court of Appeals reinstated the lawsuit, finding that the violations of Robins’s rights were reason enough to allow the lawsuit.

Spokeo then appealed to the Supreme Court, arguing that because there was no actual harm to Robins, there was no basis for a lawsuit. At the beginning of November, the Supreme Court heard arguments in the case. The Wall Street Journal (11/2/15) notes that at least two justices suggested inaccurate information was in itself a real injury, with Justice Elena Kagan noting most people would feel harmed in some way if there was inaccurate information about them on the Internet. The Obama Administration reportedly also argued on Robins’s behalf.

No decision is expected for at least a few months.