TransUnion LLC v. Ramirez Case Brief Summary | Law Case Explained

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TransUnion LLC v. Ramirez | 594 U.S. __, 141 S. Ct. 2190, 210 L. Ed. 2d 568 (2021)

For years, Congress enacted several laws to help protect consumers. Given the importance of borrowing money, one of these laws was designed to protect consumers from inaccurate credit reporting. In TransUnion versus Ramirez, we’ll explore whether a statute could give consumers standing to sue for violations.

The Fair Credit Reporting Act required credit reporting agencies to follow reasonable procedures to help ensure the accuracy of their credit reports. This act allowed consumers to recover damages from anyone who willfully failed to comply with its requirements.

When conducting a credit check, a credit reporting agency called TransUnion would check a consumer’s name against a list of persons deemed to be national security threats. If the consumer’s name matched a name on the list, an Office of Foreign Assets Control name screen alert, referred to as an OFAC alert, would be placed in the consumer’s file to indicate the consumer was a potential terrorist threat. Consumers with OFAC alerts were routinely denied credit. Unfortunately, this system generated numerous false positives.

One of these false positives was for Sergio Ramirez. As a result, a car dealer refused to sell Ramirez a car after seeing his credit report. Ramirez later received a letter from TransUnion revealing that his credit report had an OFAC alert. Approximately eight thousand consumers received similar letters. Of those eight thousand, around eighteen hundred consumers had the inaccurate credit reports distributed to potential creditors.

Ramirez sued TransUnion under the Fair Credit Reporting Act and sought to certify the eight thousand person class in the District Court for the Northern District of California. The district court ruled that all class members had Article Three standing on the statutory claims. TransUnion appealed to the Ninth Circuit, which affirmed in relevant part. The U S Supreme Court granted cert.

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