Close Menu
    Facebook X (Twitter) Instagram
    Return to Fordham Law School
    X (Twitter) Facebook LinkedIn Instagram RSS
    Fordham Law News
    • Home
    • Law School News
    • In the News
    • Fordham Lawyer
    • Insider
      • Announcements
      • Class Notes
      • In Memoriam
    • For the Media
      • Media Contacts
    • News by Topic
      • Business and Financial Law
      • Clinics
      • Intellectual Property and Information Law
      • International and Human Rights Law
      • Legal Ethics and Professional Practice
      • National Security
      • Public Interest and Service
    Return to Fordham Law School
    X (Twitter) Facebook LinkedIn Instagram RSS
    Fordham Law News
    You are at:Home»Editor's Picks»CLIP Director Co-Writes Amicus Brief in SCOTUS Privacy Case

    CLIP Director Co-Writes Amicus Brief in SCOTUS Privacy Case

    0
    By on September 10, 2015 Editor's Picks, Faculty, Fordham Lawyer, Intellectual Property and Information Law, Law School News, News

    Fordham Law Professor Joel Reidenberg is among eight preeminent privacy law scholars who have co-authored an amicus brief for a Supreme Court case the legal coalition says could damage American citizens’ privacy rights.

    Fifteen scholars have signed the brief for Spokeo, Inc. v. Robins, a Fair Credit Reporting Act (FCRA) case that could also have “major ramifications” on other privacy laws, Reidenberg says.

    The case revolves around Thomas Robins’ right as a private individual to sue Spokeo, a California-based company that publishes reports on individuals’ economic health, occupation, and wealth, for violations of the FCRA. Robins alleges false information printed online by Spokeo damaged his employment prospects, thus causing him financial and emotional harm.

    Spokeo, in turn, denies it is subject to the FCRA as a consumer-reporting agency. The issue, Reidenberg explains, is whether Robins has suffered a sufficient injury that will enable him to challenge Spokeo’s interpretation of the statute.

    “If the Supreme Court denies Robins the right to sue, the Fair Credit Reporting Act and most other federal privacy rights will be eviscerated and Americans will lose any means to protect their privacy in a data-hungry world,” Reidenberg says.

    “A broad ruling in this case would also undermine any consumer protection law that relies on statutory damages to remedy harms to consumers.”

    According to the amicus, the FCRA is essentially a bargain Congress struck between aggressive, secretive data-aggregating businesses and the public. The agreement provides businesses safe harbor from litigation if they limit disclosures and make reasonable efforts to ensure “maximum possible accuracy.” Such consumer transparency requirements were designed to encourage improvement in consumer reporting and to relieve pressure on public enforcement authorities.

    “The Petitioner’s claim that Respondents cannot pursue it for its violations of the FCRA would unravel that bargain, preserving consumer reporting agencies’ broad immunity from suit while diminishing incentives to handle data fairly,” the brief argues.

    Share. Facebook Twitter Pinterest LinkedIn Tumblr Email

    Related Posts

    Protecting Press Freedom: Meet Doris Zhang ’27

    Bloomberg Law: Prof. Bruce Green on Whether Judges Can Face Sanctions for the Kind of Errors They Find in Lawyers’ Work

    The New York Times: Prof. Bruce Green on Conflict of Interest in Epstein Scandal

    Leave A Reply Cancel Reply

    You must be logged in to post a comment.

    • The Big Idea
    March 31, 2025

    The Big Idea: Local Politics, Reform Prosecutors, and Reshaping Mass Incarceration

    March 3, 2025

    The Big Idea: Forced Labor, Global Supply Chains, and Workers’ Rights

    November 6, 2024

    The Big Idea: Partisanship, Perception, and Prosecutorial Power

    October 3, 2024

    The Big Idea: How a Franchising Model Can Transform Worker Cooperatives

    READ MORE

    About

    Fordham University - The Jesuit University of New York

    Founded in 1841, Fordham is the Jesuit University of New York, offering exceptional education distinguished by the Jesuit tradition to more than 15,100 students in its four undergraduate colleges and its six graduate and professional schools.
    Connect With Fordham
    © 2025 ThemeSphere. Designed by ThemeSphere.

    Type above and press Enter to search. Press Esc to cancel.