Rosen v. Spirit Airlines, Inc.

152 F. Supp. 3d 1055, 2015 U.S. Dist. LEXIS 78225, 2015 WL 3798150
CourtDistrict Court, N.D. Illinois
DecidedJune 17, 2015
DocketCase No. 14 C 6446
StatusPublished
Cited by21 cases

This text of 152 F. Supp. 3d 1055 (Rosen v. Spirit Airlines, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rosen v. Spirit Airlines, Inc., 152 F. Supp. 3d 1055, 2015 U.S. Dist. LEXIS 78225, 2015 WL 3798150 (N.D. Ill. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

John Robert Blakey, United States District Judge

This is a purported nationwide class action brought under the Fair and Accurate Credit Transactions Act (“FACTA”), 15 U.S.C. § 1681c(g). ■ Section 1681c(g) requires, among other things, that ho credit or debit card receipt contain “more than the last 5 digits of the card number.” Plaintiff Joseph Rosen, the putative class representative here, alleges that Defendant Spirit Airlines violated Section 1681c(g) on August 15,- 2014, when Mr. Rosen made a credit card purchase at Chicago O’Hare International Airport and received a receipt containing more credit [1058]*1058card information than allowed by the .statute. Mr, Rosen alleges that his experience is typical of Spirit Airlines customers nationwide.

Defendant now moves to transfer [49] this case to the United, States District Court for the Southern District of Florida (“Southern District of Florida”), where Defendant has its headquarters and a similar class action is pending. Plaintiff initially opposed the motion [55] but then withdrew its opposition [63] after the Southern District of Florida granted nationwide class certification in the case pending there.

For the following reasons, Defendant’s motion to transfer [49] is granted.

I. Facts

Defendant is an airline carrier incorporated in Delaware and with its headquarters in Miramar, Florida, Rosen Complaint ¶ 5, which is within the Southern District of Florida. In August 2014, Defendant was sued both in the Northern District of Illinois and the Southern District of Florida for. violating FACTA, 15 U.S.C. § 1681c(g). There is no dispute that these two purported class actions are .similar, see, e.g„ 4/28/15 Hr’g Tr. [56-1] at 10; [55] at 14, and with good reason.

A. The Northern District of Illinois Action

On August 20, 2014, Mr. Rosen, an Illinois resident, brought this lawsuit as the putative class representative. Rosen Complaint ¶¶ 3-4/ Mr. .Rosen alleges that, -in his case, on August 15, 2014, he made an in-person purchase from Defendant at Chicago O’Hare International Airport. Rosen Complaint ¶ 23. The receipt contained more information than allowed by FACTA, that is, “more than the last 4 digits of his credit card, his full name and the date and time of transaction.”. Rosen Complaint ¶ 24.

Mr. Rosen brings a single count under FACTA, 15 U.S.C. § 1681c(g). He alleges that his experience is typical, of a nationwide, class who also received receipts from Defendant that contained more credit card information than permitted by FACTA; Rosen Complaint ¶ 80. Mr. Rosen, for this and other reasons, seeks to certify the following class:

All persons nationwide to whom, within 2 years from the date of filing this Complaint (the “Class Period”), Defendant provided an. electronically printed receipt that included more than the last four digits of the person’s credit card.

Rosen Complaint ¶ 27.

B. The Southern District of Florida Action

Nine days after this lawsuit was filed, on August 29, 2014, Christopher Legg, a Florida resident, brought a similar class action lawsuit against Defendant as the putative class representative. Legg Complaint ¶ 4. Mr. Legg brought suit in thep Southern District of Florida, and his case is captioned Legg v. Spirit Airlines, Inc., Case No. 14-61978. Mr. Legg alleges that, in his case, on August 28, 2014, he paid a $45 baggage fee by credit card at an automated Spirit Airlines kiosk at the Fort Laud-erdale-Hollywood International Airport. Legg Complaint ¶ 25. The kiosk printed a credit card receipt that displayed the last four digits of Mr. Legg’s card and, in violation of FACTA, the first' seven digits toó; Legg Complaint ¶ 25.

As Mr. Rosen did, Mr. Legg also brings a single count under.FAGTA, 15 U.S.C. § 1681c(g), Mr. Legg further alleges that his experience is typical of a nationwide class who also.received receipts,from Defendant that ¡ contained more credit card information- than permitted by FACTA. Legg Complaint ¶¶ 43, 46. Mr. Legg, for [1059]*1059this and other reasons, seeks to certify the following class:

(i) All persons in the United States (ii) who, when making payment to Spirit Airlines, (iii) made such payment using a creditor debit card (iv) and were provided with a point of sale receipt (v) which displayed shall print more than the last 5 digits of said credit or debit card (vi) within the five (5) years prior to the filing of the complaint.

Legg Complaint ¶ 40. The Southern District of Florida granted nationwide class certification on June 10, 2015. Legg, No. 14-61978, DE 64.

II. Analysis

Based on having its headquarters in the Southern District of Florida and the similar class action pending there, Defendant moves to transfer this case to the Southern District of Florida under 28 U.S.C. § 1404(a). Section 1404(a) provides: “For the convenience of parties and witnesses, and in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” The decision to transfer venue under Section 1404(a) requires a weighing of factors for and against transfer. Coffey v. Van Dorn Iron Works, 796 F.2d 217, 219 (7th Cir.1986); see also Research Automation, Inc. v. Schrader-Bridgeport International, Inc., 626 F.3d 973, 977-78 (7th Cir.2010). This weighing “involves a large degree of subtlety and latitude, and, therefore, is committed to the sound discretion of the trial judge.” Coffey, 796 F.2d at 219; see also Research Automation, 626 F.3d at 978. As the moving party, Defendant bears the burden of demonstrating that the Southern District of Florida is “clearly more convenient.” Coffey, 796 F.2d at 219-20; Jaramillo v. DineEquity, Inc., 664 F.Supp.2d 908, 913 (N.D.Ill.2009).

Several factors must be met for an action to be transferred to another venue: (1) venue is proper in this' District; (2) venue and jurisdiction are proper in the transferee district; (3) the transferee district is more convenient for both the parties and witnesses; and (4) transfer would serve the interest of justice. Gueorguiev v. Max Rave, LLC, 526 F.Supp.2d 853, 856 (N.D.Ill.2007). Neither party disputes that the first and sécond factors áre met. So this Court considers only the convenience of the parties and witnesses (Subsection A) and the interest of justice (Subsection B).

A. Convenience of the Parties and Witnesses. .

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152 F. Supp. 3d 1055, 2015 U.S. Dist. LEXIS 78225, 2015 WL 3798150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosen-v-spirit-airlines-inc-ilnd-2015.