United States District Court, N.D. Illinois, Eastern Division
Joseph A. Rosen, Plaintiff,
Spirit Airlines, Inc., Defendant
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.
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.
OPINION AND ORDER
Robert Blakey, United States District Judge.
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
now moves to transfer  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  but then withdrew its
opposition  after the Southern District of Florida
granted nationwide class certification in the case pending
following reasons, Defendant's motion to transfer  is
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; 
at 14, and with good reason.
The Northern District of Illinois Action
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.
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
Rosen Complaint ¶ 27.
The Southern District of Florida Action
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.
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.