Standing at the Crossroads: Article III in FDCPA and TCPA Litigation since TransUnion

Business litigation partner Matt Morrissey and associate Sophie Gotlieb coauthored an article in the American Bar Association’s (ABA) Consumer Litigation Summer Newsletter. The piece analyzes how federal courts have applied the Article III standing requirements in consumer class actions following the U.S. Supreme Court’s 2021 decision in TransUnion, LLC v. Ramirez and also provides a number of practical considerations for litigators. 

According to the article, although TransUnion involved claims arising under the Fair Credit Reporting Act, federal courts have cited the decision in a variety of contexts. The authors note issues that arise with regard to Fair Debt Collection Practices Act (FDCPA) requirements, including cases involving purported “informational injuries,” emotional distress, and disclosure of a consumer’s financial information to others.

Morrissey and Gotlieb added that case law applying TransUnion within the context of Telephone Consumer Protection Act (TCPA) claims is still relatively scarce and underdeveloped. The authors provide an overview of decisions in the Eleventh Circuit, which analyzes TCPA claims under the TransUnion rubric, as well as district court opinions, which rely on pre-TransUnion law to find standing.

The authors also outline practical considerations for litigators due to increased focus on Article III standing following the Supreme Court’s decision in TransUnion.

The full article is available for ABA members.