Jones v. Experian Information Solutions, Inc.
1:25-cv-02955
N.D. Ga.May 22, 2025Background
- Plaintiff Wesley Jones, a federal Cyber Security Engineer residing in Georgia, sued three major credit reporting agencies (Equifax, Experian, and TransUnion) for failing to correct disputed tradelines on his credit reports.
- Jones asserted claims under the federal Fair Credit Reporting Act (FCRA) and New York's analog (NYFCRA).
- The case was originally filed in New York state court and removed to the U.S. District Court for the Southern District of New York.
- Experian, the last remaining defendant after settlements with Equifax and TransUnion, moved to transfer the case to the Northern District of Georgia, where Jones lives.
- Jones opposed, arguing that venue was proper in New York and that Experian had waived its right to challenge venue by removing the case there.
- The court evaluated the transfer request under 28 U.S.C. § 1404(a), weighing the interests of convenience, justice, and applicable legal standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case could have been filed in the Northern District of Georgia | Removal to SDNY waives Experian's challenge to venue | Plaintiff resides in Georgia; claims arose there; venue proper in N.D. Ga. | Could have been filed in N.D. Ga.; no waiver by removal |
| Waiver of venue objection by removal | Cites cases to assert that removal waives objection | Removal does not waive venue challenge under clear 2nd Circuit precedent | No waiver—removal does not preclude transfer motion |
| Convenience of witnesses and parties | Claims New York is connected due to financial centers | Most witnesses and documents are in Georgia; plaintiff's home forum | Convenience favors transfer to Georgia |
| Weight due to plaintiff’s choice of forum | Plaintiff’s choice deserves deference | No operative facts tie case to New York; plaintiff is stranger to forum | Plaintiff’s choice gets diminished weight |
Key Cases Cited
- Caterpillar Inc. v. Lewis, 519 U.S. 61 (removal does not result in waiver of venue objections)
- PT United Can Co. v. Crown Cork & Seal Co., 138 F.3d 65 (removal does not waive a challenge to venue)
- Moss v. Atlantic Coast Line R.R. Co., 157 F.2d 1005 (removal does not preclude motions challenging venue)
- Greenberg v. Giannini, 140 F.2d 550 (defendant waives nothing by removing to federal court)