TransUnion Bid to Decertify FCRA Classes Denied

Last week, a district court in the Northern District of California denied TransUnion LLC's motion to decertify a Fair Credit Reporting Act class action that was certified prior to the Supreme Court's 2016 Spokeo ruling.  The class action case accused TransUnion of including inaccurate information on its consumer reports as well as failing to comply with the FCRA's file disclosure obligations in response to consumers' requests.   

In May of 2015, U.S. Magistrate Judge Laurel Beeker certified two classes in connection with TransUnion Rental Screening, Inc.'s "SmartMove" reports.  According to the Complaint, the SmartMove reports contained terrorist alerts, and the alert information was not included in response to consumers' file disclosure requests.  The first class – the disclosure class – was certified under 15 U.S.C. § 1681g, and consisted of all consumers who were the subject of TransUnion SmartMove reports that contained "at least one item of 'AlertList'