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Rosen v. Spirit Airlines, Inc.

United States District Court, N.D. Illinois, Eastern Division

June 17, 2015

Joseph A. Rosen, Plaintiff,
v.
Spirit Airlines, Inc., Defendant

          For Joseph Rosen, on behalf of himself and all other similarly situated, Plaintiff: Larry Paul Smith, LEAD ATTORNEY, SmithMarco, P.C., Chicago, IL; Thomas J Lyons, PRO HAC VICE, Consumer Justice Center, P.A., Vadnais Heights, MN.

         For Spirit Airlines, Inc., Defendant: Scott A. Meyers, LEAD ATTORNEY, Eric J Gribbin, Jeffrey Charles Sharer, Julia Renee Lissner, Kasey Folk Dunlap, Akerman LLP, Chicago, IL; Jason S Oletsky, PRO HAC VICE, Akerman LLP, Ft. Lauderdale, FL; Valerie B Greenberg, PRO HAC VICE, Akerman LLP, Miami, FL.

         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 no 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 card 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 ¶ 30. 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 the 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 Lauderdale-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 too. Legg Complaint ¶ 25.

         As Mr. Rosen did, Mr. Legg also brings a single count under FACTA, 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 this 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 credit or 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. ...


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