The recent ruling in In re: Michaels Stores, Inc., Fair Credit Reporting Act (FCRA) Litigation confirms the significance of the Spokeo decision and also provides FCRA defendants with additional ammunition to use in fighting statutory violation claims where damages are lacking. The suit was based upon the consolidation of three proposed class actions alleging the store failed to clearly and conspicuously announce its intent to obtain background checks in a separate document containing only that disclosure – a violation of the FCRA. The court found that there was no informational injury and there was no invasion of privacy. The decision from the District of New Jersey helps define the concrete harm requirement.

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