As I laid out a few weeks back, the Hunstein flubbed its Article III standing analysis in a big way. Specifically, after determining that a violation of 1692c(b) can cause intangible harm it stopped short of determining whether the specific violation of 1692c(b) in the case before it actually did cause harm. That’s a big no no that flat misapplies Spokeo’s “concrete harm” analysis.
Well in a new decision out today, a district court in Florida relies upon Hunstein for its Article III analysis right up until it completely departs from it.
In James v. Circle K Stores, Case No.: 1:20cv215-MW/GRJ, 2021 U.S. Dist. LEXIS 95581 (N.D. Fl. May 20, 2021) the Court considered an Article III standing challenge in a FCRA suit. In teeing up the standard for assessing “concrete harm” for the statutory violation at issue in the case, the James court repeatedly cited Hunstien as providing the standard of decision. It ultimately concluded—following Hunstein that the violation of the FCRA section at issue was closely related to the old common law “intrusion of seclusion” tort and, thus, a violation of the statute can cause intangible harm recognized by the Courts.
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