To be sure, the TransUnion v. Ramirez decision is a victory for the defense bar. The U.S. Supreme Court, in a decision by Justice Kavanaugh, refined the five-year-old Spokeo test for class action plaintiffs seeking statutory damages for violations of federal consumer laws, and held that Article III of the U.S. Constitution requires all plaintiffs to have a concrete injury, not just increased risk of harm, in order to sue in federal court. However, in footnote 9 of his dissent, Justice Thomas pointed out the silver lining for consumers.
TransUnion was brought by a class of over 8,000 consumers who learned that in their credit files that TransUnion had erroneously, and negligently, flagged them as potential terrorists, in violation of its obligations under the Fair Credit Reporting Act, 15 U.S.C. §1681, et seq. (FCRA). The district court certified the class, and the case went to trial, with the class winning a damage award that ultimately totaled up to $40 million.