TransUnion requires every class member seeking damages to have standing. A class containing more than a de minimis number of uninjured members raises both Article III and predominance concerns.
The permissible proportion is unsettled.
Alternative Names:
Uninjured Members|No-Injury Class Members
Why it Matters?
TransUnion converted an ascertainability argument into a constitutional one, since a class definition capturing individuals who suffered no concrete harm cannot be certified for damages regardless of how administratively convenient it is. Identifying the uninjured proportion through data analysis is the defense investment, and a substantial proportion supports decertification as well as opposition to certification. The permissible threshold remains unsettled across circuits.
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Frequently asked questions
What did TransUnion establish?
What is the defense investment?
