The 9th Circuit slashed by about one-third a $60m jury award to a class of consumers who alleged that TransUnion violated the FCRA by incorrectly noting that these consumers were on a terror watch list. As reported by Law 360 (paywall), the majority, in a partially split decision “affirmed much of the jury’s and lower court’s findings, but knocked punitive damages from $6,353.08 per class member down to $3,936.88 per class member, noting that the 6.45-to-1 ratio between punitive damages and statutory damages was higher than the 4-to-1 benchmark. And given the high statutory award, this ratio couldn’t be justified, the panel said.” The opinion in Ramirez v. TransUnion, U.S.C.A. (9th Cir.) No. 17-17244, is available online.
As noted in the Law 360 story,