MITCHELL S. GOLDBERG, District Judge.
Plaintiff Khalilah Anderson brings the current action against Defendants Trans Union, LLC ("Trans Union"), Experian Information Solutions, Inc. ("Experian"), Equifax Information Services, LLC ("Equifax"), and Santander Bank, N.A. ("Santander") under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681, et seq. and the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227, et seq. Defendant Equifax has moved to dismiss the case for lack of venue or, alternatively, to transfer the case to the Northern District of Georgia. Neither Plaintiff nor any other Defendant has filed an opposition to this Motion. For the reasons set forth below, I will transfer the case the Northern District of Georgia.
The Complaint alleges the following facts:
Defendants Trans Union, Experian, and Equifax (the "credit reporting agencies") have been reporting "derogatory and inaccurate statements and information" relating to Plaintiff and Plaintiff's credit history to third parties from at least August 2015 through the present. This inaccurate information includes Plaintiff's account with Santander and consists of accounts and/or trade lines that do not belong to Plaintiff. (Compl. ¶¶ 10-12.) Plaintiff claims to have disputed the inaccurate information with the credit reporting agencies both orally and in written communications. (
Defendant Santander has also failed to conduct timely and reasonable investigations of Plaintiff's disputes after being contacted by the relevant credit reporting agencies. (
Plaintiff initiated the current action on April 21, 2017, alleging violations of the FCRA and violations of the TCPA. On October 13, 2017, Defendant Equifax filed a Motion to Dismiss for Improper Venue or, alternatively, for Transfer to the Northern District of Georgia. Neither Plaintiff
Under 12(b)(3), a court must grant a motion to dismiss if venue is improper. Fed. R. Civ. P. 12(b)(3). When a plaintiff files a suit in an improper forum, "district courts are required either to dismiss or transfer to a proper forum."
"The testfor determining venue is not the defendant's `contacts' with a particular district, but rather the location of those `events or omissions giving rise to the claim. . . .'"
28 U.S.C. § 1391(b).
Because the residences of all of the Defendants in this case are unknown, for venue to be proper, the Eastern District of Pennsylvania must be "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." 28 U.S.C. § 1391(b)(2). Equifax argues that Pennsylvania is not a proper venue because the events or omissions pertinent to Plaintiff's credit file with Equifax occurred in Atlanta, Georgia, where Equifax is located and where its policies and procedures are developed. Equifax asserts that the Complaint does not allege any facts to show that any events pertinent to this dispute occurred in Pennsylvania.
While Equifax's argument is not entirely meritless, I note that the Complaint alleges that the other Defendants, Trans Union and Experian, have principal places of business in Pennsylvania and regularly conduct business here. Taking these allegations as true, it is reasonable to infer—at least for purposes of this Motion—that at least some of the events giving rise to the Complaint may have occurred in Pennsylvania. Accordingly, I will deny the Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(3).
Under 28 U.S.C. § 1404(a), a district court may transfer an action to any other district "where it might have been brought" if this transfer is "for the convenience of parties and witnesses" and "in the interest of justice." 28 U.S.C. § 1404(a);
Analysis of a request for a § 1404(a) transfer has two components. First, both the original venue and the requested venue must be proper.
Second, the purpose of allowing § 1404(a) transfers is "to prevent the waste of time, energy and money and to protect litigants, witnesses and the public against unnecessary inconvenience and expense."
Equifax moves to transfer this case, pursuant to 28 U.S.C. § 1404(a), to the United States District Court for the Northern District of Georgia. Absent any opposition from any other party, I find transfer to be warranted.
As an initial matter, venue is proper in the proposed transferee district. "Multiple courts considering § 1404 transfer motions in FCRA cases have noted that the situs of the material events . . . is generally the place where the defendant credit reporting agency conducted its business."
According to the affidavit of Equifax's Operations Strategist, Alicia Fluellen,
Having determined that venue is proper in Georgia, I must now analyze whether the balance of conveniences weighs in favor of transfer. Under
The analysis begins with an examination of Plaintiff's choice of venue, as manifested by where the suit was originally brought. As a general rule, a plaintiff's choice of venue is of paramount consideration and "should not be disturbed lightly."
In the present case, Plaintiff is not a resident of Pennsylvania, but rather resides in Georgia. Plaintiff has not made any showing of convenience in keeping this case in Pennsylvania. Accordingly, I decline to give this factor any weight.
The second factor—defendant's forum choice—is "entitled to considerably less weight than Plaintiff's, as the purpose of a venue transfer is not to shift inconvenience from one party to another."
As noted above, multiple courts considering § 1404 transfer motions in FCRA cases have found that that the situs of the material events, and thus the appropriate venue, is generally the place where the defendant credit reporting agency conducted its business.
Here, it is undisputed that Equifax's consumer center and consumer reporting database are located in Georgia. (Fluellen Decl. ¶¶ 9-10.) Moreover, credit reports and other information are issued to inquiring companies from the database in Georgia, consumer reports are assembled in Georgia through an automated process that uses the consumer database as the sole source of consumer information, and all of the information in Equifax's credit file is stored and maintained in Georgia. (
With respect to the convenience of the parties and party witnesses factor, Georgia is clearly the more appropriate venue. As noted by Equifax, all Equifax employees who would testify regarding (a) the underlying factual allegations, (b) Plaintiff's credit reports, and (c) Equifax's policies and procedures related to dispute resolution are located in Georgia. (Fluellen Decl. ¶ 22.) Equifax avers that none of its communications with Plaintiff took place in Pennsylvania, and it is aware of no documents or witnesses with knowledge of the allegations that are located within the Eastern District of Pennsylvania. (
The convenience of non-party material witnesses "is a particularly significant factor in a court's decision whether to transfer."
The final private factor is the location of books and records. Generally, this factor is given little weight "as technological advances `have shortened the time it takes to transfer information, reduced the bulk or size of documents or things on which information is recorded . . . and have lowered the cost of moving that information from one place to another.'"
Equifax avers that all documents and data associated with this dispute are in Georgia. (Fluellen Decl. ¶ 23.) Although there is no indication that these documents could not be easily transferred to Pennsylvania, this factor still weighs slightly in favor of transfer.
Of the public interest factors, I find that most of them have no bearing on the transfer inquiry. I do note, however, that two of the factors carry some, albeit minor, weight in the transfer analysis. First, given the fact that all Equifax documents and witnesses are in Georgia, practical considerations would make a trial there easy, expeditious, and less expensive. Moreover, the fact that both Expedia and Plaintiff are Georgia residents gives a Georgia federal court and jury more of an interest in deciding the controversy.
Having considered Equifax's briefing and exhibits, and absent any opposition from Plaintiff or the other Defendants, I find that Equifax has clearly demonstrated that this case could have been brought in the Northern District of Georgia and that the balance of conveniences favors transfer. Accordingly, I will grant Equifax's Motion to Transfer this matter to the United States District Court for the Northern District of Georgia.