The United States Supreme Court has agreed to hear the case TransUnion LLC vs Sergio L Ramirez, which looks to answer whether 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. This case has a large potential impact for data-breach litigation moving forward. In this case Trans Union argues that several of the proposed class members did not have legal standing to assert a claim because errors within their credit score were never sent to a third party or they were never denied credit or another injury due to the error.
The long term effect here is because in many data-breach class actions, the named plaintiff will allege personal fraud as a result of the breach but will seek to represent a large class of individuals, many of whom may not have suffered the fraud themselves
A decision from the Supreme Court is expected by June of 2021, so we will wait and see.
