Legislative Alert - Friday, October 28th, 2016: Spokeo Turns the Tides on FCRA Lawsuits [Video + Transcript]
- Spokeo Shutting Down FCRA Lawsuits
- Marijuana on Ballots Across the Country
- Healthcare Could be Cyber Criminals Next Target
Spokeo Shutting Down FCRA Lawsuits
Just a few months ago, class action lawsuits accusing companies of FCRA violations were seen as a slam dunk… an easy way to get a settlement out of deep pockets. But ever since the Supreme Court ruled in Spokeo v. Robins, things are changing right before our eyes. In the last few weeks, three cases have been dismissed on the basis that the class does not have standing based on the fact that they cannot show direct harm from the FCRA violations. The three employers involved are Lyft, State Farm Insurance and Bank of America. All three cases were dismissed by federal judges in California. The State Farm case claimed applicants were not given a copy of their rights under the FCRA. Bank of America was accused of not providing a written disclosure telling applicants about background checks. The Lyft cases had both accusations. All three decisions referred to the fact that the violation itself is not enough to justify a class action, and plaintiffs must be able to show concrete and particularized injury when alleging FCRA violations.
Marijuana on Ballots Across the Country
Voters in nine states will find a marijuana question on the ballot when they head to the polls in a couple of weeks. Voters in Arkansas, Florida, Montana and North Dakota will be asked if medical marijuana should be legal. Voters in Arizona, California, Maine, Massachusetts and Nevada will be deciding on recreational use. If a new Pew Research Center study is accurate, most of the initiatives are likely to pass. The study found 57% of adults feel marijuana should be legal. That’s up from 32% just 10 years ago.
Healthcare Could be Cyber Criminals Next Target
Medical records are a treasure trove for cyber criminals. Not only is there private health information, but social security numbers, addresses, insurance information and credit card numbers. A nationwide survey conducted by Bloomberg Law and the American Health Lawyers Association found that 97% of the healthcare lawyers surveyed say they expect their involvement in cyber security to increase over the next three years.