Sharon Peskett v. Designer Brands, Inc.

BACKGROUND

On October 25, 2019, plaintiff Sharon Peskett (“Peskett” or “plaintiff”) filed a putative class action complaint in the Los Angeles County Superior Court against Designer Brands, Inc. (“Designer Brands” or “defendant”), asserting a cause of action for violation of the Fair and Accurate Credit Transactions Act, (“FACTA”),1 which amended the Fair Credit Reporting Act, (”FCRA”),15 U.S.C. §§ 1681, et seq. (See Dkt. 1, Notice of Removal (“NOR”) at ¶ 1; Dkt. 1-2, Complaint); see Bassett V. ABM Parking Services, Inc., 883 F.3d 776, 777 (9th Cir. 2018) (noting that FACTA amended the FCRA). Plaintiff alleges that defendant violated the FACTA by presenting her with an electronically printed receipt bearing the first six and last four digits of her debit card account number after she made a purchase at defendant’s store in Pasadena, California. (See Dkt. 1-2, Complaint at ¶ 35). Defendant removed the action on the basis of federal question jurisdiction. (See Dkt. 1, NOR at ¶ 5). Plaintiff now moves to remand. (See Dkt. 20, Motion).

LEGAL STANDARD

Unless otherwise expressly provided by Congress, “any civil action brought in a State court of which the district courts of…