In this exchange, Justice Sotomayor gets personal about what’s at stake in this case: people’s identity and privacy. Justice Sotomayor demonstrates why the rights enshrined in the FCRA are important and worthy of protection. She further makes the point that for centuries, courts have recognized that when a breach of a legally recognized right occurs, that is an injury that gets you into court.
Ultimately, Spokeo’s argument in this case threatens the vindication of privacy rights and other rights found in statutes beyond the FCRA. As the information policy law scholars explained in their brief to the Court, individuals’ rights under statutes like the Video Privacy Protection Act, the Wiretap Act, and the Telephone Consumer Protection Act could be in jeopardy if Spokeo prevails in this case.