Wan v. Trans Union, LLC et al
| Joan Wan |
| Trans Union, LLC, Equifax Information Services, LLC, Experian Information Solutions, Inc., Innovis Data Solutions, Inc. and JPMorgan Chase Bank, N.A. |
| 1:2022cv00115 |
| January 7, 2022 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| James R Cho |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
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ORDER TO SHOW CAUSE: On 1/10/2022, the Court ordered Defendant TransUnion LLC to show cause why this case should not be remanded to state court for lack of subject matter jurisdiction, and directed Plaintiff to file a response. (See 1/10/2022 Order to Show Cause.) On 1/17/2022 and 1/18/2022, Defendant TransUnion and Plaintiff responded to the Court's Order to Show Cause and respectively argued that Plaintiff has standing because she alleges that her credit report was published by Defendants TransUnion, Equifax Information Services, LLC, Experian Information Solutions, Inc., and Innovis Data Solutions, Inc. (collectively, "Credit Reporting Defendants") to third parties. (See Dkts. #12 , #13 .) Defendant TransUnion also provided additional arguments in its #12 letter. Although Plaintiff's complaint states that the Credit Reporting Defendants "reported to one or more third parties" information pertaining to Plaintiff, (Dkt. #1 -2, 23), the complaint does not "clearly allege" any facts demonstrating disclosure to third parties. Harry v. Total Gas & Power North America, Inc., 889 F.3d 104, 110 (2d Cir. 2018) (citing Warth v. Seldin, 422 U.S. 490, 518, (1975)). For example, the complaint is devoid of any information from which the Court could determine when and how Plaintiff's credit report was shared, who it was shared with, and how Plaintiff learned of the disclosure. Moreover, although Plaintiff was given an opportunity to respond to the Order to Show Cause, Plaintiff's #13 letter, which only consists of a single brief paragraph, does not set forth any additional facts to support Plaintiff's claim for standing in federal court. Accordingly, Plaintiff's allegation of injury is "so insubstantial" that it does not meet the standing standards. Id. (citing Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 89 (1998)). Plaintiff may file a letter by 3/16/2022 setting forth allegations that clearly allege publication of her credit report or other information by Credit Reporting Defendants to third parties that confers Article III standing. If Plaintiff elects not to file a letter, or if the Court deems the letter insufficient, this case will be remanded to state court for lack of subject matter jurisdiction. Ordered by Judge Pamela K. Chen on 2/23/2022. (Mahkamova, Shirin)
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| Filing 14 Trans Union, LLC's ANSWER to Complaint and Affirmative Defenses by Trans Union, LLC. (Nicodemus, Camille) |
| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE by Joan Wan (Zemel, Daniel) |
| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE by Trans Union, LLC (Nicodemus, Camille) |
| Filing 11 ANSWER to Complaint by JPMorgan Chase Bank, N.A.. (Turcotte, Christopher) |
| Filing 10 ANSWER to Complaint by Experian Information Solutions, Inc.. (Weinstein, Brett) |
| Filing 9 Corporate Disclosure Statement by JPMorgan Chase Bank, N.A. identifying Corporate Parent JPMorgan Chase & Co., Other Affiliate The Vanguard Group, Inc. for JPMorgan Chase Bank, N.A.. (Turcotte, Christopher) |
| Filing 8 NOTICE of Appearance by Christopher B. Turcotte on behalf of JPMorgan Chase Bank, N.A. (aty to be noticed) (Turcotte, Christopher) |
| Filing 7 NOTICE by Experian Information Solutions, Inc. re #1 Notice of Removal, Joinder and Consent to Removal (Weinstein, Brett) |
| Filing 6 Corporate Disclosure Statement by Experian Information Solutions, Inc. identifying Corporate Parent Experian plc, Other Affiliate Opt-Out Services LLC, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC for Experian Information Solutions, Inc.. (Weinstein, Brett) |
| Filing 5 NOTICE of Appearance by Brett Michael Weinstein on behalf of Experian Information Solutions, Inc. (aty to be noticed) (Weinstein, Brett) |
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ORDER TO SHOW CAUSE: On January 7, 2022, Defendant Trans Union LLC filed a #1 Notice of Removal of Plaintiff's lawsuit brought under the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. ("FCRA"). Plaintiff's complaint alleges that, as a result of FCRA violations by Defendants, "Plaintiff has suffered actual damages, mental anguish, humiliation, and embarrassment." (Compl., Dkt. 1-2, at 5.) The Supreme Court has held that, even where a defendant's conduct is prohibited by statute, a Plaintiff may not have standing to sue in federal court if the plaintiff has not suffered an injury in fact. TransUnion LLC v. Ramirez, 141 S. Ct. 2190, 2205 (2021) ("[A]n important difference exists between (i) a plaintiff's statutory cause of action to sue a defendant over the defendant's violation of federal law, and (ii) a plaintiff's suffering concrete harm because of the defendant's violation of federal law."). Since TransUnion, courts in this circuit have applied that principle to the types of facts alleged here and found that plaintiff had not suffered injuries in fact and thus did not have standing to sue in federal court. See, e.g., Grauman v. Equifax Info. Servs., LLC, 20-cv-3152 (ENV) (AKT), 2021 WL 3239865, at *1 (E.D.N.Y. July 16, 2021). Such cases may, however, be brought in state courts, which have jurisdiction to enforce the FCRA and are not bound by the injury in fact requirement of Article III of the Constitution. See Ciccone v. Cavalry Portfolio, No. 21-CV-2428 (JS) (JMW), 2021 WL 5591725, at *3 (E.D.N.Y. Nov. 29, 2021). Accordingly, on or before January 17, 2022, Defendant is required to file a letter showing cause why this case should not be remanded to state court for lack of subject matter jurisdiction. Plaintiff shall file a response to Defendant's letter on or before January 24, 2022. Ordered by Judge Pamela K. Chen on 1/10/2022. (Mahkamova, Shirin). Modified on 1/11/2022 to correct response date.
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 Corporate Disclosure Statement by Trans Union, LLC identifying Corporate Parent TransUnion Intermediate Holdings, Inc., Corporate Parent TransUnion, Other Affiliate T. Rowe Price Group, Inc. for Trans Union, LLC. (Nicodemus, Camille) |
| Filing 1 NOTICE OF REMOVAL by Trans Union, LLC from Supreme Court of the State of New York, case number 528438/2021. ( Filing fee $ 402 receipt number ANYEDC-15175392) (Attachments: #1 Exhibit A, Summons to Trans Union, LLC, #2 Exhibit B, Complaint to Trans Union, LLC, #3 Civil Cover Sheet) (Nicodemus, Camille) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge James R. Cho. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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