Judicial Panel Grants Defense Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 and Rejects Transferee Court Recommendations of Various Plaintiffs Opting Instead to Transfer Class Actions to District of Kansas as Requested by Defense
Six class action lawsuits (followed by “tag-along” class actions) were filed against The TJX Companies for violations of the Fair and Accurate Credit Transactions Act (FACTA) because TJX allegedly included certain information on customer credit card receipts. In re The TJX Cos., Inc., Fair & Accurate Credit Transactions Act (FACTA) Litig., 505 F.Supp.2d 1379, 1379 (Jud.Pan.Mult.Lit. 2007). Defense attorneys filed a motion with the Judicial Panel for Multidistrict Litigation (MDL) requesting centralization of the class actions pursuant to 28 U.S.C. § 1407 in the District of Kansas. Id. The Kansas class action plaintiffs did not oppose the motion, id. The plaintiffs in the other federal district did not oppose centralization, but argued alternatively for California, Illinois, Massachusetts or Nevada as the transferee court. Id. The Judicial Panel granted the motion to centralize the class action litigation and agreed with defense attorneys that the District of Kansas was the appropriate court Id., at 1380.