Dinn, Hochman & Potter, LLC

Creditor's Rights Archives

Court Holds FCRA Does Not Confer "Statutory Standing" by Benjamin Carnahan

The Tenth District Court of Appeals in Ohio affirmed a Court of Claims decision affirming dismissal of a putative class action against The Ohio State University ("OSU") under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. 1681, et seq. OSU moved to dismiss the complaint arguing that plaintiffs lacked standing because they alleged no injury-in-fact from the alleged FCRA violation. In response, Plaintiffs argued that Ohio law specifically recognizes standing even in the absence of an injury-in-fact when standing is conferred by statute, i.e. "statutory standing". The Court of Claims agreed with OSU and dismissed the claims. Plaintiffs appealed.

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