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 9:00
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.
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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
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