Archive: July 2021

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“No Concrete Harm, No Standing:” U.S. Supreme Court’s Decision Solidifies Standing Requirements for Fair Credit Reporting Act Claims

“No Concrete Harm, No Standing:” U.S. Supreme Court’s Decision Solidifies Standing Requirements for Fair Credit Reporting Act Claims

By: Andrew C. Glass, Brian M. Forbes, Gregory N. Blase, and R. Nicholas Perkins

On 25 June 2021, the U.S. Supreme Court issued its decision in TransUnion LLC v. Ramirez, clarifying the nature of the harm sufficient to establish Article III standing to maintain a Fair Credit Reporting Act (FCRA) claim.[1] After Ramirez, plaintiffs seeking to pursue FCRA class litigation must establish concrete harm that is more than just speculative, and they must do so for all class members with the requisite type of evidence called for at each particular stage of litigation. The impact of the holding in Ramirez will likely extend to class standing issues beyond the FCRA context.

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