Perrill v. Equifax Information Services, LLC
1:14-cv-00612
W.D. Tex.Jun 30, 2014Background
- Plaintiffs David and Gregory Perrill, Minnesota residents, and Wand Corp. filed a federal complaint in Minnesota alleging willful FCRA violations and seeking a nationwide class.
- Equifax Information Services LLC and CSC Credit Services are consumer reporting agencies; Equifax acquired CSC’s credit reporting assets in December 2012.
- Texas Comptroller entered into a 2009 contract with CSC; the agreement was negotiated and executed in Texas, and CSC staff connected to Texas residences managed the relationship.
- In 2013 the Texas Comptroller obtained the Perrills’ credit reports from Equifax to collect Wand’s tax obligations; the Perrills had no direct dealings with the Comptroller.
- Defendant moved to transfer venue to the Western District of Texas; the court denied a motion to strike a late-filed notice and granted transfer to Texas.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue transfer is proper under 28 U.S.C. § 1404(a). | Perrills: Minnesota forum favored; no strong Texas nexus. | Equifax: substantial Texas connection and witnesses justify transfer. | Transfer granted |
| Whether the case could have been brought in the Western District of Texas. | Not all defendants reside in Texas; events largely occurred elsewhere. | Equifax subject to personal jurisdiction in WDTX; substantial events in Texas. | Yes, could have been brought in WDTX |
| Conveyance of convenience of parties and witnesses. | Plaintiffs are Minnesota residents; transfer imposes greater burden. | Most key witnesses are in Texas; non-party witnesses outside Minnesota; records in Georgia/Texas. | Witness convenience weighs in favor of transfer |
| Interests of justice, including effect on class action and law applicable. | Class likely nationwide; Texas nexus for liability and records; no local Texas law needed. | Texas law could be important; case tied to Western District of Texas. | Strongly weighs in favor of transfer |
Key Cases Cited
- Terra Int’l, Inc. v. Miss. Chem. Corp., 119 F.3d 688 (8th Cir. 1997) (three-factor test and case-specific evaluation for 1404(a) transfers)
- Wald v. Bank of Am. Corp., 856 F. Supp. 2d 545 (E.D.N.Y. 2012) (plaintiff’s choice of forum given reduced weight in nationwide class actions)
- In re Tex. Pig Stands, 610 F.3d 937 (5th Cir. 2010) (analysis of Texas-related issues and local law considerations in transfer)