For readers who have been following the Hunstein case in the Eleventh Circuit, the plaintiff in Ramirez also argued that TransUnion “published” the credit reports internally to its own employees and externally to letter vendors who mailed those reports to the class members in response to their requests. The Court disposed of this argument with a footnote explaining that the argument was forfeited because it was asserted for the first time on appeal. However, the Court also called the argument “unavailing” because American courts have not traditionally recognized intra-company disclosures or disclosures to print vendors as actionable publications supporting a defamation claim. The appellee in Hunstein has already filed a Rule 28(j) letter citing Ramirez as supplemental authority. To read more click here.