Defenses and Affirmative Defenses

Procedural Defenses

Lack of Standing

Lack of Standing

Lack of Standing

Standing requires injury in fact, causation, and redressability in federal court. State standing doctrines vary and may be less restrictive. Standing is jurisdictional in federal court and may be raised at any time.

Assignment and real party in interest questions overlap.

Alternative Names:

Standing Defense, No Standing

Why it Matters?

TransUnion tightened the injury requirement for statutory claims, holding that a statutory violation alone does not confer standing without concrete harm, which has become a productive defense in privacy, consumer, and data breach litigation. Because standing is jurisdictional federally, it can be raised late and even on appeal. The corresponding risk is that dismissal for lack of standing is without prejudice and may permit refiling in state court.

Frequently asked questions

What did TransUnion change?

What is the risk of a standing dismissal?