News & Analysis as of

Class Action Standing Fair Credit Reporting Act (FCRA)

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Maron Marvel

Sixth Circuit Decision Reinforces that Standing & Traceability Key in PFAS Class Actions

Maron Marvel on

The recent decision by the Sixth Circuit in Hardwick and a review of the law from various jurisdictions supports the challenges that Plaintiffs face in proving standing for class certification in PFAS lawsuits. Late in 2023,...more

Troutman Pepper

Ramirez Case Reaches Final Approval of Class Settlement

Troutman Pepper on

On December 15, 2022, the parties in TransUnion LLC v. Ramirez — a case that went all the way to the Supreme Court in 2021 to resolve questions of Article III standing — obtained final approval of their class settlement...more

Ballard Spahr LLP

Eighth Circuit finds that class-action FCRA plaintiff lacks Article III standing under Spokeo

Ballard Spahr LLP on

The Eighth Circuit reiterated in a decision last month that trial courts must distinguish between FCRA plaintiffs who have suffered concrete harm and plaintiffs who merely seek to collect statutorily allowed damages as a way...more

Troutman Pepper

Key Takeaways From the New Onslaught of FCRA Filings

Troutman Pepper on

Following an unprecedented year, lawsuits under the Fair Credit Reporting Act continue to be filed with ever-increasing frequency and consequence. Originally published in Law360 on January 28, 2022. ...more

Burr & Forman

Eighth Circuit Dismisses FCRA Class Action Due to Lack of Standing

Burr & Forman on

Following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), federal courts have continued to examine what is an injury in fact under the Fair Credit Reporting Act (“FCRA”). On April 4, 2022, the...more

King & Spalding

Supreme Court Vacates Fourth Circuit’s Standing Decision and Remands for Reconsideration Under TransUnion

King & Spalding on

On January 10, 2022, the Supreme Court summarily vacated the Fourth Circuit’s order in Rocket Mortgage, LLC v. Alig and remanded the case for reconsideration in light of TransUnion LLC v. Ramirez. (You can read our prior...more

Troutman Pepper

After Remand from Supreme Court, TransUnion v. Ramirez Parties Reach Class Settlement

Troutman Pepper on

Last June, the Supreme Court issued a noteworthy decision in the TransUnion v. Ramirez case, holding that the vast majority of an 8,000-plus member Fair Credit Reporting Act (FCRA) class lacked standing because they had not...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 19, 2021

Carlton Fields on

Real Property Update - Foreclosure / Reverse Mortgage: Surviving spouse who did not sign the note did not qualify as a “borrower” by signing the mortgage and related documents – OneWest Bank, N.A. v. Leek-Tannenbaum, No....more

Arnall Golden Gregory LLP

AGG Talks: Background Screening - A Refresher on Responding to Consumer File Requests under Section 609 of the FCRA

What is a CRA required to do when consumers request copies of their files? And what can prevent a consumer from suing if a CRA’s response does not comply with Section 609 of the FCRA? In this episode, AGG partner and co-chair...more

ArentFox Schiff

Class Actions Quarterly Update: Supreme Court - September 2021

ArentFox Schiff on

The latest trends and developments in the class action world. Since our last update was published, the United States Supreme Court has addressed a number of appeals involving class actions. Requirement of Concrete...more

Bradley Arant Boult Cummings LLP

TransUnion v. Ramirez: The Supreme Court Shifts the Class Action Battlefield Toward State Courts

Article III standing is one of the most significant rubrics to determine a federal lawsuit’s justiciability. The Supreme Court significantly altered the standing calculus in TransUnion v. Ramirez, 141 S. Ct. 2190 (2021),...more

Levenfeld Pearlstein, LLC

U.S. Supreme Court Clarifies Spokeo With TransUnion Decision

On June 25, 2021, the U.S. Supreme Court (the “Court”) issued a decision in TransUnion v. Ramirez (“TransUnion”), providing much-needed clarity on the types of injuries required to assert statutory privacy claims in federal...more

Goodwin

Supreme Court Reinforces Limits on Federal Court Standing, But Important Questions Remain

Goodwin on

On June 25, 2021, the U.S. Supreme Court decided TransUnion LLC v. Ramirez, revisiting some of the Article III standing principles it had set forth in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), and addressing their...more

Epiq

Supreme Court Raises Standing Requirements for Data Breach Class Actions

Epiq on

With all the focus on data privacy, it is no surprise that courts are weighing in on this topic so that consumers can have more guidance about their legal options and organizations can tailor their breach response plans. On...more

Blank Rome LLP

Data Breach Class Actions: U.S. Supreme Court Decision May Tilt the Odds in Favor of Defendant Organizations

Blank Rome LLP on

Corporate defendants besieged by proliferating bet-the-company privacy and consumer class action lawsuits recently scored a victory in the US Supreme Court with implications for data breach victims. Originally published in...more

King & Spalding

U.S. Supreme Court Issues Pivotal Article III Standing Opinion, Reversing $40 Million Judgment in FCRA Class Action

King & Spalding on

On June 25, 2021, the Supreme Court issued a decision in TransUnion LLC v. Ramirez, a highly anticipated appeal that we previously covered in our March and December issues last year. In a 5–4 opinion, the Supreme Court...more

BCLP

District Court Says Supreme Court Ruling on Standing in Class Actions Does Not Apply to Privacy Claims

BCLP on

On June 25, 2021, the Supreme Court issued an important decision on Article III standing in class actions that will have a significant impact on the way class actions are certified - and will likely scuttle numerous ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Provides Additional Guidance on FCRA Standing

On June 25, 2021, the Supreme Court of the United States issued a ruling that provides additional guidance related to the Fair Credit Reporting Act (FCRA), a federal law that regulates the collection of consumers’ credit...more

Brownstein Hyatt Farber Schreck

Actual Harm Required in Consumer Class Actions for FCRA

In its recent TransUnion LLC v. Ramirez decision, the U.S. Supreme Court clarified that consumer plaintiffs must be able to demonstrate concrete harm from a defendant’s statutory violation to have standing to seek monetary...more

Wilson Sonsini Goodrich & Rosati

No Harm, No Foul: Supreme Court Narrows Article III Standing to Require That All Class Members Suffer a Concrete Injury in Fact

On June 25, 2021, the U.S. Supreme Court decided TransUnion v. Ramirez, which held that even when a statute has been violated, and that statute provided a private right of action, plaintiffs still need a concrete injury in...more

Harris Beach PLLC

TransUnion LLC v. Ramirez: “Concrete Harm” Requirement Clarified in Consumer Class Actions

Harris Beach PLLC on

On June 25, 2021, the United States Supreme Court issued its decision in TransUnion v. Ramirez, holding that consumer class action claims under the Fair Credit Reporting Act (FCRA) must allege the actual spread of misleading...more

Wiley Rein LLP

U.S. Supreme Court Clarifies Circuit Split – Privacy Suits Require Concrete Harm for Article III Standing

Wiley Rein LLP on

On June 25, the U.S. Supreme Court decided TransUnion LLC v. Ramirez, holding that only plaintiffs concretely harmed by a defendant’s statutory violation have Article III standing to seek damages against the private...more

Epstein Becker & Green

#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This...

Epstein Becker & Green on

Welcome to #WorkforceWednesday. This week, we recap the U.S. Supreme Court’s term and its impact on employers. U.S. Supreme Court Employment Law Decisions in Review (see video attached) The Supreme Court’s term ended on...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Addresses Class Action Standing in Ramirez Case: Requires “Concrete” Injury for Article III Standing for Class...

The Supreme Court further limited consumer lawsuits in TransUnion, LLC v. Ramirez, siding with credit reporting agency TransUnion in a 5-4 decision holding that thousands of consumers improperly flagged as potential...more

Rumberger | Kirk

‘TransUnion v. Ramirez’: High Court Rules Article III Standing Requires Proof of Concrete Injury

Rumberger | Kirk on

In March 2021, the Supreme Court heard arguments in TransUnion LLC v. Ramirez, a case that had potential to significantly impact plaintiffs’ abilities to sue for the violation of federal statutes. The Court released its...more

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