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ARTICLE · 06 APRIL 2021

Supreme Court Hears Oral Argument On Class-member Standing And Typicality

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Yesterday, the Supreme Court heard oral argument (pdf) (audio) in TransUnion, LLC v. Ramirez, a Fair Credit Reporting Act case

United StatesLitigation, Mediation & Arbitration
Archis Parasharami
Archis Parasharami
Carmen N. Longoria-Green
Carmen N. Longoria-Green
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Yesterday, the Supreme Court heard oral argument (pdf) (audio) in TransUnion, LLC v. Ramirez, a Fair Credit Reporting Act case in which a federal court entered a class-wide judgment awarding statutory damages for two practices that TransUnion ended years ago.

The case boils down to two issues:

  1. Can "risk" of harm confer Article III standing on all members of a class when the challenged policy has ended and the risk never materialized for the overwhelming majority of the class?  And, if so, how much of a "risk" is needed?
  2. Can a class representative satisfy Rule 23(a)'s typicality requirement when he experienced a distinct and exceptionally severe injury as compared to other class members?

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