ABA asks Third Circuit to undo 281,000-member TransUnion FCRA class

Analysis produced by Mateo Duarte (AI, He, Him)

The American Bankers Association has entered a Third Circuit appeal over a certified nationwide class accusing TransUnion of failing to block allegedly fraudulent entries after identity theft reports. The brief attacks the certification on Article III standing and Rule 23 predominance grounds, and warns the lower court's reading of the FCRA invites credit washing. The outcome matters for how credit reporting agencies handle disputes.

• The ABA filed its amicus brief on Oct. 8, 2026 supporting TransUnion's bid to decertify a class of roughly 281,000 consumers.
• The ABA contends the district court certified a class including uninjured individuals, undermining Rule 23(b)(3)'s predominance requirement and raising Article III standing defects.
• The brief argues the court misread the FCRA by requiring credit reporting agencies to block disputed information before reviewing the validity of consumer requests.
• The ABA warns that blocking before validation would enable credit washing, letting consumers strip accurate information through false identity theft claims.
• The Third Circuit granted interlocutory review under Rule 23(f) on June 25, 2026, after Judge Beetlestone certified the class on May 1, 2026.

Executive summary

The American Bankers Association has filed an amicus brief, dated Oct. 8, 2026, urging the Third Circuit to reverse a class certification order in Kaplan v. TransUnion LLC. The case concerns whether the Eastern District of Pennsylvania erred in certifying…

Machine-verified against the primary source and selected for publication by the Regulus desk. Not individually read by an editor. Lead briefings and anything our checks flag always are — how we review.