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Cardona v. Vivint Solar, Inc.

United States District Court, E.D. Pennsylvania

September 26, 2019

ELIZABETH CARDONA and JERARD BROWN, Plaintiffs,
v.
VIVINT SOLAR, INC.; VIVINT SOLAR DEVELOPER, LLC; and SOLAR MOSAIC, INC., Defendants

          OPINION

          JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Plaintiffs Elizabeth Cardona and Jerard Brown filed a lawsuit in the United States District Court, Middle District of Florida against Defendants Vivint Solar, Inc. and Vivint Solar Developer, LLC (collectively “Vivint”), and Vivint’s finance company Solar Mosaic, Inc. alleging violations of the Fair Credit Reporting Act (“FCRA”). Presently pending before this Court is Defendants’ motion to quash or modify a subpoena issued by Plaintiffs on Trans Union, LLC, which requires compliance in the Eastern District of Pennsylvania.

         II. BACKGROUND

         In the underlying case, Plaintiffs allege that Vivint conducts door-to-door sales for the installment of solar panels and that after being approached by Vivint salespersons, they each received an alert about a new hard inquiry of their credit reports by Mosaic. Plaintiffs allege that they did not authorize Vivint to pull their consumer reports, nor did they sign any documents giving Vivint permission to do so. They further allege that Defendants regularly obtain credit reports on consumers without a permissible purpose.

         Plaintiffs requested discovery from Defendants regarding prior complaints of FCRA violations and moved to compel production of the same. After a hearing on Plaintiffs’ motions, United States Magistrate Judge Julie S. Sneed, United States District Court, Middle District of Florida, issued an order on July 23, 2019, limiting the scope of discovery into prior complaints against Defendants to those “from Florida, in 2016 and 2017.” Disc. Order, ECF No. 1 at Ex. B.

         On August 29, 2019, Plaintiffs issued a subpoena on Trans Union, LLC, a non-party, to appear for a deposition in Narbeth, Pennsylvania, and to produce a number of documents, including:

12. Any documents in your possession reflecting the allegation that Vivint Solar, Inc., Vivint Solar Developer, LLC, or Solar Mosaic, Inc. accessed a consumer’s credit report without authorization.
13. Any documents in your possession reflecting the allegation that Vivint Solar, Inc., Vivint Solar Developer, LLC, or Solar Mosaic, Inc. accessed a consumer’s credit report without a permissible purpose.
14. Any and all documents in your custody, control or possession relating to any review or investigation conducted by you into whether Vivint Solar, Inc., Vivint Solar Developer, LLC, or Solar Mosaic, Inc. was obtaining consumer credit reports without authorization or a permissible purpose.

Subp., ECF No. 1 at Ex. A. The subpoena further directs Trans Union, LLC to designate someone to appear for a deposition who is knowledgeable to testify concerning, inter alia:

12. Any review or investigation whether Vivint Solar, Inc., Vivint Solar Developer, LLC, and Solar Mosaic, Inc. was obtaining consumer credit reports without authorization or a permissible purpose.
13. Your review and/or investigation of the business procedures/practices of Vivint Solar, Inc., Vivint Solar Developer, LLC, and Solar Mosaic, Inc.
14. The location, custodian and contents of the documents (including electronically stored documents) ...

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