193266P.pdf   05/03/2022  Ria Schumacher  v.  SC Data Center, Inc.
   U.S. Court of Appeals Case No:  19-3266
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Erickson, Author, with Kelly and Grasz, Circuit Judges] 
   Civil case - Fair Credit Reporting Act. For this court's prior decision 
   vacating a settlement agreement and remanding for a determination as to 
   whether plaintiff had standing, see Schumacher v. SC Data Center, Inc., 
   912 F.3d 1104 (8th Cir. 2019). The district court concluded plaintiff had 
   standing to pursue all of her claims, and defendant appeals. Held: 
   Plaintiff lacked Article III standing, and the district court's order is 
   vacated; the matter is remanded to the district court with directions to 
   remand the case to state court. The court declines to add to the Act a 
   right to explain to a prospective employer negative but accurate 
   information in a consumer report prior to the employer taking an adverse 
   action (here, the withdrawal of a job offer after discovery that plaintiff 
   had failed to disclose prior felonies); while the defendant's action in 
   obtaining the consumer report without first providing plaintiff with a 
   disclosure form that complied with the Act was a technical violation, a 
   technical violation under Sec. 1681b(b)(2)(A), without something more, is 
   insufficient to confer standing; here that something more is a claim of 
   concrete injury due to the improper disclosure, and plaintiff failed to 
   establish such an injury and therefore lacked standing to pursue an 
   improper disclosure claim; plaintiff authorized defendant to obtain a type 
   of consumer report documenting her criminal history; assuming, without 
   deciding that a search of the national sex offender database went beyond 
   the scope of plaintiff's authorization, she cannot establish concrete 
   injury from the violation and lacked standing to pursue a failure to 
   authorize claim. Judge Kelly, concurring.