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ACA International: David Schultz and Justin Penn Byline Reviews Oral Arguments in SCOTUS TransUnion v. Ramirez FCRA Class Certifications Case

March 31, 2021

Hinshaw attorneys David Schultz and Justin Penn published a byline today in ACA News. The pair reviewed oral arguments that took place in the TransUnion v. Ramirez case at the U.S. Supreme Court on Tuesday. The case could have a significant impact on the ability to certify a class action.

Schultz and Penn explain that the issue before the court is whether certification of a class is appropriate when it is not clear if most of the class members were injured and, in particular, were injured in the same manner as the named plaintiff class representative. The case has been closely watched, especially in the consumer law area, where it is often difficult to determine if the class members were injured.

They noted that there was tough questioning in oral argument by most judges to both sides, with much focus on the typicality element, i.e., whether plaintiff was typical of the putative class. The authors anticipate a ruling will be issued before July 4 and emphasize it will be a significant case to consumer class actions.

Read the full article on the ACA International website

A transcript of oral argument is available on the SCOTUS website.

"Supreme Court Considers Significant Class Certification Issue" was published by ACA News, March 30, 2021.

Hinshaw & Culbertson LLP is a U.S. based law firm with offices nationwide and in London. The firm's national reputation spans the insurance industry, the financial services sector, and other highly regulated industries. Hinshaw also serves as counsel to the professional services sector, and provides business advisory and transactional services to clients of all sizes.