Trans Union v. Ramirez
US Supreme Court
Whether either Article III or Rule 23 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.
The RLC’s brief was filed in support of petitioners in a Fair Credit Reporting Act case in which the court had agreed to a class representative who suffered an atypically significant injury, although the larger pool of class members were uninjured. Retailers face class actions under other ‘no harm’ statutes with significant statutory damages provisions such as the federal Telephone Consumer Protection Act and Illinois’ Biometric Information Privacy Act. The brief was drafted by Adam Unikowsky of Jenner & Block, which is a law firm member of the RLC.
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