To be sure, the TransUnion v. Ramirez decision is a victory for the defense bar. The U.S. Supreme Court, in a decision by Justice Kavanaugh, refined the five-year-old Spokeo test for class action plaintiffs seeking statutory damages for violations of federal consumer laws, and held that Article III of the U.S. Constitution requires all plaintiffs to have a concrete injury, not just increased risk of harm, in order to sue in federal court. However, in footnote 9 of his dissent, Justice Thomas pointed out the silver lining for consumers.