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On March 30, the Supreme Court of the United States will hear oral arguments in
TransUnion LLC v. Ramirez. This case marks the first time the Court will address the residual question in
Spokeo, TransUnion will wrestle both with the harms produced through noncompliance with the Fair Credit Reporting Act (“FCRA”) and whether those harms constitute sufficient injury-in-fact to establish Article III standing. Unlike
Spokeo, however,
TransUnion will address whether anything changes in the context of class action litigation.
The precise legal questions are: i) will noncompliance with privacy statutes, such as the FCRA, give putative class action members Article III standing to sue violators of these laws; and ii) was Rule 23’s typicality requirement stretched too far when a uniquely affected plaintiff represented the whole class. ....

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