The Clearing House Association (TCH) joined a joint-trades SCOTUS amicus in support of petitioner in Spokeo Inc. v. Thomas Robbins. The trades argue that “injury in law” claims are incompatible with separation of powers principles and the protections they provide, and that the “injury in fact” requirement ensures that the Executive – not private class action lawyers – retain the ultimate responsibility for enforcing the law and ensures accountability and prevents harmful and unreasonable enforcement actions against regulated parties. Additionally, the trades argue that “injury in law” claims enable abusive class actions on matters that are more appropriately dealt with through government enforcement.
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