On September 11, 2024, the Fourth Circuit Court of Appeals held that there is no publication to a third party — and therefore no Article III standing under the Fair Credit Reporting Act (FCRA) — where the recipient of a...more
9/17/2024
/ Appeals ,
Article III ,
Class Certification ,
Consumer Reports ,
Corporate Counsel ,
Fair Credit Reporting Act (FCRA) ,
Motion for Summary Judgment ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Standing ,
Third-Party
When settling consumer product class actions, many parties agree to resolve their claims using what is known as a “claims-made” settlement model. When a claims-made settlement is reached, class members must submit a “claim”...more
On June 28, 2024, the Supreme Court decided Loper Bright Enterprises v. Raimondo, overturning its own 40-year-old Chevron v. Natural Resources Defense Council decision. In Chevron, the Supreme Court articulated the so-called...more
A recent decision denying class certification in the Northern District of Illinois highlights the importance for class action defendants of challenging a named plaintiff’s damages expert as part of a strategy for opposing...more
A recent string of U.S. District Court decisions has clarified liability for furnishers of credit information under the Fair Credit Reporting Act (FCRA), specifically 15 U.S.C. § 1681s-2(b), in situations where consumers...more
On Friday morning, the Supreme Court issued its eagerly awaited opinion in TransUnion LLC v. Ramirez (No. 20-297). Justice Kavanaugh delivered the opinion of the Court, with which four Justices concurred; Justices Thomas,...more
6/29/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
Rule 23(a) numerosity is one of the less frequently litigated class certification requirements, which makes the U.S. Court of Appeals for the Seventh Circuit’s recent decision in Anderson v. Weinert Enterprises, Inc.notable....more
The U.S. Court of Appeals for the Seventh Circuit recently rejected a rather unusual argument for a plaintiff in federal court. The plaintiff asserted she lacked Article III standing to pursue her claim, and did so as a basis...more