Article III - The Class Action Blog by Carr Maloney PC

Supreme Court Rules that Absent Class Members Must Suffer Actual Harm to Be Part of a Class

On June 25, 2021, the Supreme Court in TransUnion v. Ramirez, held that, in order to be part of a class action and recover damages, class members must have suffered “concrete harm” to have standing under Article III of the Constitution.

This was the first time that the Supreme Court examined standing issues in the class action context since 2016, when it ruled in Spokeo v. Robbins, that mere statutory violations alone to the plaintiff, or class representative, are insufficient to establish Article III standing.

In Ramirez, a class of 8,185 individuals sued TransUnion, a credit reporting agency, […]

The Supreme Court to Determine Whether Class Members Must Suffer Actual Harm

On December 16, 2020, the Supreme Court granted cert. to hear TransUnion v. Ramirez, a Fair Credit Reporting Act (“FCRA”) class action suit that presents the question as to “whether either Article III (of the Constitution) or Rule 23 (of the Federal Rules of Civil Procedure) permits a damages class action where the vast majority of the class suffered no actual injury, let alone an injury anything like what the class representative suffered.”

In Ramirez, Ramirez was refused the purchase of a car by a dealership when his credit report incorrectly indicated that his name appeared on […]