No concrete injury? No standing – Ninth Circuit

Shades of Spokeo. The Court of Appeals for the Ninth Circuit affirmed the dismissal of Bassett v. ABM Parking over the display of a full credit card number on a parking lot receipt:

The panel affirmed the district court’s dismissal due to lack of standing in a putative class action alleging a violation of the Fair Credit Reporting Act when the plaintiff received a credit card receipt displaying the card’s full expiration date.

In Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), the Supreme Court held that to have Article III standing when alleging only a statutory violation, a plaintiff must allege a concrete injury in fact.

The panel joined the Second and Seventh Circuits in affirming dismissal under identical circumstances, and held that the plaintiff failed to allege a concrete injury in fact sufficient to give him standing. The panel held that when the plaintiff received the credit card receipt and there was no identity thief there to snatch it, there was no injury.

h/t, Joe Cadillic

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