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FACTA Class Action Defense Cases—In re Oilily: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion Unopposed By Defense To Centralize Class Action Litigation In Northern District of California

Judicial Panel Grants Plaintiff Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407, Unopposed by any Class Action Defendants, and Transfers Class Actions to Northern District of California

Two class actions – one in California and one in Pennsylvania – were filed against Oilily and others alleging violations of the federal Fair and Accurate Credit Transactions Act (FACTA). In re Oilily Fair & Acc. Cred. Trans. Act (FACTA) Litig., ___ F.Supp.2d ___ (Jud.Pan.Mult.Lit. April 10, 2008) [Slip Opn., at 1]. Both class actions alleged that defendants violated FACTA by printing certain credit and debit card information on customer receipts, id. Plaintiff’s lawyers in the Pennsylvania class action 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 Northern District of California; plaintiffs in the California class action did not oppose the motion, and the motion was unopposed by any of the class action defendants. Id. The Judicial Panel granted the motion to centralize the class action lawsuits and agreed that the Northern District of California was the appropriate transferee court “because the first-filed action is pending there and this choice is unopposed.” Id. Accordingly, the Panel ordered the Pennsylvania class action be transferred to California, id., at 2.

Download PDF file of In re Oilily FACTA Litigation Transfer Order