Justices to Weigh Class's Standing in TransUnion FCRA Suit
Troutman Pepper Partner David Anthony was quoted in the December 16, 2020 Law360 article, " Justices to Weigh Class's Standing in TransUnion FCRA Suit."
Troutman Pepper Hamilton Sanders LLP partner David Anthony said Wednesday's move is significant because for the first time it will prompt the Supreme Court to consider the question raised in Spokeo Inc. v. Thomas Robins et al. as it applies to an entire class.
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The TransUnion case is "addressing a question that was not ruled upon by Spokeo but is a very natural next iteration of Spokeo because it involves a class," Anthony said, calling it "one of the most significant cases in the context of consumer protections class actions in the last five to 10 years."
"It's one thing to have to deal with standing and harm for an individual, but how do you measure this across a class?" Anthony added. "If the court takes a stringent view ... that will have a direct impact on [making] class actions more difficult to prove."