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Court decision · 25 June 2021

TransUnion LLC v Ramirez

594 U.S. 413 (2021) · Supreme Court of the United States

United StatesPersonal dataSecurity

What it means for your code

Whether bad data left your systems is the line between a nuisance and a federal class action. Log egress, not just storage.

What happened

A credit agency wrongly flagged thousands of people as potential terrorists in its internal records. Only some of those records were ever sent to a third party.

What was decided

A statutory violation alone does not create standing in federal court. Class members whose inaccurate records were disclosed to a third party suffered concrete harm; those whose records merely sat in a database did not.

The legal test applied

  • Article III standing requires concrete harm; a bare statutory violation is not enough
  • Dissemination of inaccurate information to a third party is analogous to defamation and is concrete
  • Every class member must have standing for every form of relief sought

What would have changed the outcome

  • State courts and statutory schemes with liquidated damages are not bound by Article III
Read the decision at the source

Source: Supreme Court of the United States, supremecourt.gov. Summary and analysis by Lawpatch. Risk analysis, not legal advice; the law may have moved on since this decision.