90 Days Post-Spokeo: 5 Key Class Action Defense Takeaways

After three months of conflicting lower court decisions interpreting the U.S. Supreme Court’s opinion in Spokeo Inc. v. Robins, one thing (and perhaps not much more) is clear: Those who predicted that Spokeo rang the death knell for so-called “no injury” or “gotcha” class actions under federal statutes were, in a word, wrong. But, while Spokeo is not the silver bullet some thought it would be, it can still be a useful weapon for defendants when used appropriately and not oversold. Before discussing how defendants can and should use the case, however, one must first look at what the Supreme Court did and said.