Use this button to switch between dark and light mode.

Experience a New Era in Legal Research with Free Access to Lexis+

Sgouros v. TransUnion Corp.

Sgouros v. TransUnion Corp.

United States District Court for the Northern District of Illinois, Eastern Division

February 5, 2015, Decided; February 5, 2015, Filed

No. 14 C 1850

Opinion

MEMORANDUM OPINION AND ORDER

Plaintiff Gary Sgouros ("Plaintiff") brings this putative class action against Defendants TransUnion Corp. ("TU Corp"), Trans Union LLC, and TransUnion Interactive, Inc. ("TransUnion Interactive") (collectively, "Defendants") for (i) willful violation of the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681g(f)(7)(A) and § 1681e(b), (ii) violation of the Illinois Consumer Fraud and Deceptive Business Practices Act ("ICFA"), 815 ILCS 505/1 § 2, and (iii) violation of Missouri Merchandizing Practices Act ("MMPA"), Mo. Rev. Stat. § 407.010. This matter is now before the Court on Defendants' motion to compel arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and to order arbitration of Plaintiff's [*2]  claims on an individual basis. Additionally, Defendants file a motion to dismiss under Fed. R. Civ. P. 12(b)(3) on the basis that Plaintiff initiated the suit in a wrong venue as his claims are subject to arbitration. For the following reasons, I deny both motions.

I. FACTUAL BACKGROUND

On June 10, 2013, Plaintiff purchased a TransUnion Consumer Credit Score, known as a 3-in-1 Credit Report, Credit Score & Debt Analysis, for $39.99 on Defendant TransUnion Interactive's website. In order to buy a credit score, web users were required to start by clicking a large orange "Click Here" button on the homepage below a banner that states, "Get Your Credit Score & Report." Once users click the button, a page with a header, "Your FREE credit score & $1 credit report are only moments away," appears.

The Three-Step Credit Score Purchase Process

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

2015 U.S. Dist. LEXIS 13691 *; 2015 WL 507584

GARY W. SGOUROS, on behalf of himself and all others similarly situated, Plaintiff, v. TRANSUNION CORP., TRANS UNION LLC, and TRANSUNION INTERACTVE, INC., Defendants.

Subsequent History: Affirmed by Sgouros v. TransUnion Corp., 817 F.3d 1029, 2016 U.S. App. LEXIS 5648 (7th Cir. Ill., Mar. 25, 2016)

Related proceeding at Sporn v. TransUnion Interactive, Inc., 2019 U.S. Dist. LEXIS 4965, 2019 WL 151575 (N.D. Cal., Jan. 10, 2019)

Motion granted by, in part, Motion denied by, in part, Motion granted by Sgouros v. Trans Union LLC, 2022 U.S. Dist. LEXIS 49585 (N.D. Ill., Mar. 21, 2022)

CORE TERMS

users, Button, terms, click, Window, arbitration, assent, clickwrap, browsewrap, terms of the agreement, score, website, courts, notice, Authorization, hyperlink, reasonable notice, box, Defendants', conspicuous, scrollable, scroll, motion to compel arbitration, terms and conditions, arbitration clause, formation, disputes, parties, layout, arbitration agreement