In this final clip, you’ll hear Justice Breyer make an important point about what the plaintiff in this case, Robins, is not trying to do. Justice Breyer describes a “public action,” which is a type of lawsuit allowed in some states against a person or entity that has done something prohibited by law. An example may be a company violating a law that requires a certain label on a product, sued by a consumer that just happens to notice the required label is missing. That particular consumer’s rights may not have been violated, but the law may nevertheless allow the consumer to bring suit against a regulated company in order to keep the company accountable to the law’s requirements.
As Consovoy explains, that is not what is happening in this case. Unlike the example of the public action above, the FCRA creates specific rights for people like Robins. Violating those rights is what gets Robins in court. Whether Robins and others like him that the FCRA was meant to protect can stay in court in this case will be up to the Supreme Court.