The Seventh Circuit recently heard argument in Robertson v. Allied Solutions LLC after the U.S. District Court for the Southern District of Indiana dismissed a class action while the plaintiff’s motion for preliminary approval of class settlement was pending.  Although the motion was pending, the district court dismissed the case against Allied Solutions in light of the ruling in Spokeo Inc. v. Robins in October 2017.  We previously reported on the case here.

In the underlying action, plaintiff Shameca Robertson claimed she and other class members were injured when they failed to receive proper FCRA disclosures informing them that reports had been requested on them and were used to make decisions against them.  She also argued that other adverse actions had been taken against certain applicants without giving those applicants the opportunity to discuss with the decision makers the findings in the reports.

The district court found the errors alleged were procedural and insufficient to establish Article III standing.  On appeal, Robertson argued her class action should be revived and that she should be able to pursue her adverse action claim even if her procedural claim had been dismissed.  During argument, class counsel argued that even though the accuracy of the reports may not have been a problem, the applicants were owed the chance to explain items on background checks before the adverse action was taken.

The appeal also seeks to enforce the agreement the parties entered into before dismissal.

The case is Robertson v. Allied Solutions LLC, Case No. 17-3196, in the U.S. Court of Appeals for the Seventh Circuit.  Troutman Sanders LLP will continue to report on developments in this case.