Imagine a situation where a person purchases a $74,999 foreign car without test-driving it first, only to receive it and find that the engine is missing, rendering the car nearly valueless.  Now also imagine a person who answers a call on her cell phone, hears a prerecorded message offering her a free vacation package opportunity, and hangs up a few seconds later.  Right now, only one of these people can file a suit in federal court but it’s not the guy who bought the car.

The United States Supreme Court heard oral arguments in Spokeo Inc. v. Robins, No. 13-1339 earlier this month, a case with huge implications for Telephone Consumer Protection Act (“TCPA”) actions and other claims based on laws providing for statutory damages.  The question before the Court is simple: can Congress give a plaintiff who suffers no concrete harm Article III standing by authorizing a private right of action based on a bare violation of a federal statute that provides for statutory damages, such as the TCPA, Fair Debt Collection Practices Act (“FDCPA”), or Fair Credit Reporting Act (“FCRA”).