Fausett v. Walgreens

Fausett v. Walgreens

Court: Supreme Court of Illinois 

Date: December 6, 2023 

Issue on Appeal: Whether no-injury plaintiffs have standing to bring a FACTA claim in state court. 

RLC’s Position: The United States Supreme Court held in TransUnion LLC v. Ramirez that allowing private plaintiffs who had not suffered any injuries to advance claims under the Fair Credit Reporting Act (FCRA) violated the U.S. Constitution on two grounds: Article III standing and Article II separation of powers. Article II delegates the authority to enforce the laws to the Executive Branch. Allowing private parties who have not suffered any harm to selectively bring enforcement actions would impede upon the Executive Branch’s authority. The U.S. Supreme Court’s Article II holding applies to Fausett and makes clear that allowing individuals who have suffered no injuries to bring a FACTA claim is unconstitutional.   

Other Amici Joining RLC’s brief:  Illinois Retail Merchants Association 

Counsel: Adam Unikowsky at Jenner & Block 

Tags: Standing, Article II, FACTA