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Constitutional Law Keyed to Choper
TransUnion LLC v. Ramirez
Citation:
141 S. Ct. 2190 (2021)Facts
TransUnion, one of the “Big Three” credit reporting agencies, introduced an OFAC Name Screen Alert product that compared consumers’ first and last names against the Treasury Department’s list of terrorists and other criminals. When a name matched, TransUnion placed an alert on the consumer’s credit report indicating a “potential match” to the OFAC list, without comparing any other identifying information. Sergio Ramirez discovered he was flagged when he attempted to purchase a car, and the dealership refused to sell to him because his name was on a “terrorist list.” Ramirez and a class of 8,185 similarly affected individuals sued TransUnion for violations of the Fair Credit Reporting Act, claiming TransUnion failed to use reasonable procedures to ensure accuracy, failed to disclose complete information in their files, and failed to provide a summary of rights with each disclosure. The parties stipulated that only 1,853 class members had their reports with OFAC alerts disseminated to third parties during the relevant period. The jury awarded statutory and punitive damages to all class members.
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