Key Insight: Court granted Plaintiffs? motion to compel production of defendant database records. Defendant argued that the harm to third parties from disclosure of personal information contained in the requested data outweighed the relevance of the information to plaintiffs? claim, and that the preparation, review, and production presented an undue burden. Finding that the requested data was highly relevant to the class certification requirements, the court concluded plaintiffs? need significantly outweighed privacy concerns given the option of producing subject to protective order and Plaintiffs? agreement to accept data with personal information redacted. Nor was the court persuaded by defendant?s burden argument, finding the estimate and explanation from plaintiffs? database consultant ?more persuasive, appropriate, and accurate? than that provided by defendant – particularly in light of modifications Plaintiffs made to their request after defendant clarified how the data was stored in their systems. The court also noted that defendant?s briefing failed to allege any facts supporting its assertion that the information was more readily available from other sources.
Nature of Case: Class Action; Violation of Fair Credit Reporting Act
Electronic Data Involved: Database