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Supreme Court of the United States
March 30, 2021, Argued; June 25, 2021, Decided
Justice Kavanaugh delivered the opinion of the Court.
] To have Article III standing to sue in federal court, plaintiffs must demonstrate, among other things, that they suffered a concrete harm. No concrete harm, no standing. Central to assessing concreteness is whether the asserted harm has a “close relationship” to a harm traditionally recognized as providing a basis for a lawsuit in American courts—such as physical harm, monetary harm, or various intangible harms including (as relevant here) reputational harm. Spokeo, Inc. v. Robins, 578 U. S. 330, 340-341, 136 S. Ct. 1540, 194 L. Ed. 2d 635.
In this case, a class of 8,185 individuals sued TransUnion, a credit reporting agency, in federal court under the Fair Credit Reporting Act. The plaintiffs claimed that TransUnion failed to use reasonable procedures to ensure the [*8] accuracy of their credit files, as maintained internally by TransUnion. For 1,853 of the class members, TransUnion provided misleading credit reports to third-party businesses. We conclude that those 1,853 class members have demonstrated concrete reputational harm and thus have Article III standing to sue on the reasonable-procedures claim. The internal credit files of the other 6,332 class members were not provided to third-party businesses during the relevant time period. We conclude that those 6,332 class members have not demonstrated concrete harm and thus lack Article III standing to sue on the reasonable-procedures claim.
In two other claims, all 8,185 class members complained about formatting defects in certain mailings sent to them by TransUnion. But the class members other than the named plaintiff Sergio Ramirez have not demonstrated that the alleged formatting errors caused them any concrete harm. Therefore, except for Ramirez, the class members do not have standing as to those two claims.
Over Judge McKeown’s dissent, the U. S. Court of Appeals for the Ninth Circuit ruled that all 8,185 class members have standing as to all three claims. The Court of Appeals approved a class damages award of about [*9] $40 million. In light of our conclusion that (i) only 1,853 class members have standing for the reasonable-procedures claim and (ii) only Ramirez himself has standing for the two formatting claims relating to the mailings, we reverse the judgment of the Ninth Circuit and remand the case for further proceedings consistent with this opinion.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2021 U.S. LEXIS 3401 *
TRANSUNION LLC, PETITIONER v. SERGIO L. RAMIREZ.
Notice: The LEXIS pagination of this document is subject to change pending release of the final published version.
Prior History: [*1] ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Ramirez v. TransUnion LLC, 951 F.3d 1008, 2020 U.S. App. LEXIS 6338, 2020 WL 946973 (9th Cir. Cal., Feb. 27, 2020)
Disposition: 951 F. 3d 1008, reversed and remanded.
concrete, class member, consumer, credit report, rights, alert, federal court, mailings, files, harms, disseminated, future harm, third party, courts, terrorists, match, injury in fact, lawsuit, format, third-party, damages, cause of action, misleading, cases, reasonable procedure, drug trafficking, disclosure, accuracy, marks, consumer reporting agency
Civil Procedure, Justiciability, Standing, Injury in Fact, Constitutional Law, Case or Controversy, Elements, Banking Law, Bank Activities, Loans, Consumer Reporting Agencies, Consumer Protection, Fair Credit Reporting, Liability for Violations, Consumer Reports, Governments, Federal Government, Domestic Security, International Emergency Economic Powers Act, Admiralty & Maritime Law, Practice & Procedure, Jurisdiction, Constitutional Authority, Separation of Powers, The Judiciary, Advisory Opinions, Case or Controversy, Legislation, Statutory Remedies & Rights, Executive Offices, Constitutionality of Legislation, Burdens of Proof, Sanctions, Contempt, Civil Contempt, Torts, Intentional Torts, Defamation, Procedural Matters, Constitutionality of Legislation, Standing, Remedies, Damages, Defamation Per Se, Slander, Libel