TransUnion v. Ramirez: Does Article III Standing Apply?

ACA International member attorney shares insights on pending U.S. Supreme Court case that could add to case law on Article III standing.

3/5/2021 8:00 AM

ComplianceFDCPANewsIndustry Advancement Fund
TransUnion v. Ramirez: Does Article III Standing Apply?

The U.S. Supreme Court will hold oral arguments in TransUnion v. Ramirez March 30, a Fair Credit Reporting Act case that will answer the question of whether every member of a class must have Article III standing in order to recover damages.

The case implicates issues of Article III standing and the appropriateness of class certification under Federal Rule of Civil Procedure 23 in class-action litigation, ACA International reported after filing an amicus brief in the case.

The appeal, TransUnion v. Ramirez, presents the U.S. Supreme Court with an opportunity to reconsider a decision handed down by the U.S. Court of Appeals for the 9th Circuit in February 2020 and invites the Supreme Court to reject the 9th Circuit’s conclusion that all absent members of the putative class in the Ramirez litigation had standing and that the class representative’s injury satisfied the “typicality” requirement of Rule 23, i.e., that the harm the lead plaintiff claims to have suffered represents a typical injury allegedly suffered by the putative class.

“We recently saw what the 7th Circuit did to Fair Debt Collection Practices Act cases when it applied the Article III standards to the named plaintiffs, dismissing six cases in the past two months,” said David Schultz, partner at Hinshaw & Culberston LLP, and Members Attorney Program State Chair for Illinois. “If the Supreme Court in Ramirez agrees with TransUnion’s arguments, it could make certifying a class much more difficult, especially in the consumer arena.”

The core question in the case has been cast this way: Does either Article III or Rule 23 permit a class action seeking damages where most of the class has suffered no actual injury, let alone an injury anything like what the class representative suffered?

ACA has added its voice to the record in this case to support TransUnion’s legal position and to bring to the Supreme Court’s attention ACA members’ concerns regarding expansive and abusive use of class litigation, particularly in cases involving statutory damages like those contained in the Telephone Consumer Protection Act and the FDCPA.

Oral arguments in the case will be held March 30.

For more information about ACA’s judicial advocacy efforts and resources for members, visit the Industry Advancement Fund webpage.

Join the discussion on legal and compliance topics with your fellow members on the Members Attorney Program community on The Hub. Simply log on to The Hub and select Members Attorney Program under the Communities menu.

Related Content from ACA International:

ACA International Files Amicus Brief in U.S. Supreme Court’s Review of FCRA Class-Action Case

7th Circuit Issues Six Rulings Clarifying Standing Under Fair Debt Collection Practices Act

Adams v. Skagit Bonded Collectors LLC: A Deeper Dive

If you’ve recently obtained a judicial opinion that might benefit other ACA members, email it to us: dailydecision@acainternational.org


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

TransUnion v. Ramirez: Does Article III Standing Apply?

The U.S. Supreme Court will hold oral arguments in TransUnion v. Ramirez March 30, a Fair Credit Reporting Act case that will answer the question of whether every member of a class must have Article III standing in order to recover damages.

The case implicates issues of Article III standing and the appropriateness of class certification under Federal Rule of Civil Procedure 23 in class-action litigation, ACA International reported after filing an amicus brief in the case.

The appeal, TransUnion v. Ramirez, presents the U.S. Supreme Court with an opportunity to reconsider a decision handed down by the U.S. Court of Appeals for the 9th Circuit in February 2020 and invites the Supreme Court to reject the 9th Circuit’s conclusion that all absent members of the putative class in the Ramirez litigation had standing and that the class representative’s injury satisfied the “typicality” requirement of Rule 23, i.e., that the harm the lead plaintiff claims to have suffered represents a typical injury allegedly suffered by the putative class.

“We recently saw what the 7th Circuit did to Fair Debt Collection Practices Act cases when it applied the Article III standards to the named plaintiffs, dismissing six cases in the past two months,” said David Schultz, partner at Hinshaw & Culberston LLP, and Members Attorney Program State Chair for Illinois. “If the Supreme Court in Ramirez agrees with TransUnion’s arguments, it could make certifying a class much more difficult, especially in the consumer arena.”

The core question in the case has been cast this way: Does either Article III or Rule 23 permit a class action seeking damages where most of the class has suffered no actual injury, let alone an injury anything like what the class representative suffered?

ACA has added its voice to the record in this case to support TransUnion’s legal position and to bring to the Supreme Court’s attention ACA members’ concerns regarding expansive and abusive use of class litigation, particularly in cases involving statutory damages like those contained in the Telephone Consumer Protection Act and the FDCPA.

Oral arguments in the case will be held March 30.

For more information about ACA’s judicial advocacy efforts and resources for members, visit the Industry Advancement Fund webpage.

Join the discussion on legal and compliance topics with your fellow members on the Members Attorney Program community on The Hub. Simply log on to The Hub and select Members Attorney Program under the Communities menu.

Related Content from ACA International:

ACA International Files Amicus Brief in U.S. Supreme Court’s Review of FCRA Class-Action Case

7th Circuit Issues Six Rulings Clarifying Standing Under Fair Debt Collection Practices Act

Adams v. Skagit Bonded Collectors LLC: A Deeper Dive

If you’ve recently obtained a judicial opinion that might benefit other ACA members, email it to us: dailydecision@acainternational.org


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

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