The U.S. Supreme Court rendered a decision in 2021 in a case involving a credit reporting agency, TransUnion LLC, and a putative class of 8,185 people which has implications for insurer bad faith cases. The putative class in TransUnion LLC v. Ramirez[1] was composed of people who alleged that TransUnion had placed misleading alerts in their credit files at TransUnion to the effect that their names potentially matched the names of terrorists, drug traffickers, and others of like kind on a list kept by the Office of Foreign Assets Control (OFAC) at the U.S. Treasury Department. The plaintiffs alleged that TransUnion thereby violated the Federal Fair Credit Reporting Act or FCRA.[2]
The ramifications of the holding in TransUnion LLC v. Ramirez for insurer bad faith cases are discussed in the forthcoming 2022 Supplement to 1 DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH § 3:28.50, "Injury in Fact": What Happens to Bad Faith Statutes? (West 3d Edition, 2022 Supplements in process).
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[1] TransUnion LLC v. Ramirez, ___ U.S. ___, 141 S. Ct. 2190 (2021)/
[2] 15 U.S.C. § 1684.
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