(jurisdiction) Sue a credit bureau in their state or mine?

[pickaname]

What is the name of your state? OH

A credit bureau who is headquartered outside of Ohio has violated federal consumer protection laws as well as state law. Strictly speaking, it seems Ohio only has jurisdiction when an incident or damage occurs in Ohio, or if the contract is written in Ohio. I have no contract with the credit bureau (they collect data on me without direct consent). The matter involves erroneous data on the report (they refuse to correct it) and they disclosed the file to an unauthorized recipient.

So the question is: must I sue in the state of the defendant's headquarters, or can I file a small claim in my local court in this case?

In case it's relevant, apart from the federal laws broken one of the credit bureau's legal breaches is an Ohio law. However, the Ohio law is written for the attorney general to take action. The state law does not include a private right of action for the consumer. I don't care if the violation of state law can be part of the damages, but I wonder if the Ohio breach would make Ohio a "forum shopping" option.

 

[Just Blue]

What is the name of your state? OH

A credit bureau who is headquartered outside of Ohio has violated federal consumer protection laws as well as state law. Strictly speaking, it seems Ohio only has jurisdiction when an incident or damage occurs in Ohio, or if the contract is written in Ohio. I have no contract with the credit bureau (they collect data on me without direct consent). So the question is: must I sue in the state of the defendant's headquarters, or can I sue locally in this case?

In case it's relevant, apart from the federal laws broken one of the credit bureau's legal breaches is an Ohio law. However, the Ohio law is written for the attorney general to take action. The state law does not include a private right of action for the consumer. I don't care if the violation of state law can be part of the damages, but I wonder if the Ohio breach would make Ohio a "forum shopping" option.

What laws do you believe were broken?

 

[pickaname]

This section of federal law:

https://www.law.cornell.edu/uscode/text/15/1681i

and this section of state law:

http://codes.ohio.gov/orc/1349.19v1

Unauthorized disclosure, refusal to correct errors, and the report lacked source information.

 

[Taxing Matters]

If this is one of the big 3 credit bureaus that operate nationally then Ohio courts would have personal jurisdiction over the credit bureau. The federal Fair Credit Reporting Act (FCRA) allows you to bring complaints of violations of the act in federal district court or any other "court of competent jurisdiction." That thus allows you to also bring the claim in an appropriate state court if you choose. Whether the small claims court would be a proper under Ohio law to hear the federal claim is something you would need to determine. If the state statute does not provide a private right of action and only provides enforcement by the state attorney general then obviously you cannot sue for a violation of that state law and that law would have no impact on where you may file suit.

 

[pickaname]

thanks for the reply - it was very helpful!

 

[adjusterjack]

Ohio courts would have personal jurisdiction over the credit union.

I think you meant credit bureau there.

 

[Taxing Matters]

I think you meant credit bureau there.

I did, and I have fixed it. Thanks.