Hundreds of federal cases seeking statutory damages must respond to arguments raised in light of the Supreme Court’s decision in Spokeo v. Robins (May 16, 2016). These resources are intended to help advocates for individual rights address the challenges of the Spokeo decision and to shape the law in a positive way.
Robins v. Spokeo, Inc., Case No. 11-56843 (9th Cir.):
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Statute-Specific Spokeo Analyses Excerpted from Updated National Consumer Law Center (NCLC) Legal Treatises
Relevant Spokeo analyses are available below, along with links to the treatises from which they have been extracted.
- Class Actions Spokeo analysis from Consumer Class Actions (760 pp.; in print and online)
Ch. 10.3.3: Typicality—Rule 23(a)(3) PDF || MS Word - Fair Credit Reporting Act Spokeo analysis from Fair Credit Reporting (1136 pp. in two vol.; online update)
Ch. 11.2.1.3.9a PDF || MS Word - Fair Debt Collection Practices Act Spokeo analysis from Fair Debt Collection (1416 pp. in two vol.; online update)
Ch. 4.5: Standing and Persons Protected by the FDCPA PDF || MS Word
Ch. 5.3.2.8: Article III Standing Issues in Cases Involving Contacts at Inconvenient Times or Places PDF || MS Word
Ch. 5.3.3: Establishing Injury in Fact under Spokeo for a Debt Collector’s Failure to Provide a Proper Debt Collection Notice PDF || MS Word
Ch. 5.3.5.2a: Article III Standing Issues in Cases Involving Third-Party Contacts and Other FDCPA Protections of Privacy PDF || MS Word
Ch. 5.4.8: Establishing Injury in Fact under Spokeo for Conduct Serving to Harass, Oppress, or Abuse PDF || MS Word
Ch. 5.5.14.3: Establishing Injury in Fact under Spokeo for a Debt Collector’s Violation of § 1692e(11) PDF || MS Word
Ch. 5.5.2.4 A Consumer Plaintiff Claiming Deception Must Plead Injury in Fact under Spokeo PDF || MS Word
Ch. 5.5.4: Establishing injury in fact under Spokeo for a debt collector’s overstatement of the amount of the debt PDF || MS Word
Ch. 5.6.9 Establishing Injury in Fact under Spokeo for Unfair or Unconscionable Collection Methods PDF || MS Word
Ch. 5.7: Establishing Injury in Fact under Spokeo for a Debt Collector’s Failure to Provide a Proper Debt Collection Notice PDF || MS Word
Ch. 5.9.4 Establishing Injury in Fact under Spokeo for Lawsuits in Distant Forums PDF || MS Word - Foreclosure
Ch. 10.4.1.2A Standing PDF || MS Word - Mortgage Lending
Ch. 7.4.5 PDF || MS Word - Real Estate Settlement Procedures Act (mortgage servicing provisions)
Ch. 3.2.10.7: Spokeo analysis from Foreclosures and Mortgage Servicing PDF || MS Word - Truth in Lending Spokeo analysis from Truth in Lending (1650 pp. in two vol.; online update)
Ch. 11: Standing PDF || MS Word - Telephone Consumer Protection Act Spokeo analysis from Federal Deception Law (496 pp.; online update)
Ch. 6.9.2a: Article III Standing PDF || MS Word
The treatises are available in print and online. The online versions include additional pleadings and primary source material, and feature frequent updates, full text search, live links, and the ability to copy/paste excerpts, Subscriptions are available as print and online or online-only, and to individual titles or to the complete 20 treatise set. Visit: www.nclc.org/bookstore.
General Spokeo Analyses
- The Supreme Court’s Spokeo Decision: Less Than Meets the Eye by NCLC attorney Charles Delbaum, May 23, 2016.
- In-depth overall analysis of Spokeo’s requirements prepared by Gupta-Wessler PLLC, May 2016. NACA members can access the analysis directly at http://www.consumeradvocates.org/spokeo-resources. Others can seek permission to download the analysis from the Gupta Wessler Law firm through their website.
Other Practice Aids
Sample motions, model damage allegations for pleadings, and other practice materials are available below. Relevant materials may be submitted to NCLC’s Director of Litigation Stuart Rossman at This email address is being protected from spambots. You need JavaScript enabled to view it.. Please submit a Word version, and, if the document has been filed with the court, a PDF version with the date stamp. Note: NCLC has neither proofread nor edited submitted materials.- Storm v. Paytime, Inc. NACA Motion for Leave to File an Out of Time Spokeo Amicus Brief-3rd Circuit Court of Appeals
- Winehouse v. GC Services LP, FDCPA Class Action Complaint with Spokeo allegations filed in E.D.N.Y.
- Model TCPA Injury Allegations PDF || MS Word
- Perrill v. Equifax Amended FCRA Complaint with Spokeo Allegations (W.D. TX)
Additional Resources
- Spokeo, Inc. v. Robins Supreme Court Decision, May 16, 2016.
- National Association of Consumer Advocates (NACA) webinar: What does the Spokeo Decision Mean for Consumer Lawyers, May 18, 2016. Cost: $35 (NACA member); $90 (Non-member) Note: Non-members of NACA must be vetted prior to purchasing. Please e-mail This email address is being protected from spambots. You need JavaScript enabled to view it..
NCLC thanks members of the National Association of Consumer Advocates, the National Association of Consumer Bankruptcy Attorneys, and our many others for their generous support for this web content. Additional donations are welcome. Please contact NCLC Director of Litigation Stuart Rossman (This email address is being protected from spambots. You need JavaScript enabled to view it.).
Since 1969, the nonprofit National Consumer Law Center® (NCLC®) has worked for consumer justice and economic security for low-income and other disadvantaged people, including older adults, in the U.S. through its expertise in policy analysis and advocacy, publications, litigation, expert witness services, and training.