SHRM.org interviewed Manatt's Donna Wilson, co-chair of the firm's Privacy and Data Security practice, for an article on the U.S. Supreme Court's plan to review a Fair Credit Reporting Act case, Spokeo Inc. v. Robins. The court will address the question of whether a person may sue under a statute and possibly bring a class action even if he or she has not suffered any injury, but if there has merely been a technical, statutory violation.
"If the case goes in favor of Spokeo, the risks for HR will be greatly reduced," said Wilson. However, "if the case rules against Spokeo, the risks in FCRA suits will go up substantially."