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Abstract: 

In the recent TransUnion case, the Supreme Court held in a consumer financial services class action that Congress lacked authority to allow a bounty to a person who did not suffer concrete harm as a result of the alleged violation. In this article, the author discusses the decision in detail and its implications for a broad variety of statutory regimes. He then lays out the arguments that TransUnion also bars federal statutory damages in state courts. He closes by noting an important procedural question in class actions that the Court expressly declined to decide.

Keywords: TransUnion LLC v. Ramirez; Fair Credit Reporting Act (“FCRA”); Uninjured Persons

Affiliations:  1: Stroock & Stroock & Lavan LLP.