Collier v. SP Plus Corp., No. 17-2431 (7th Cir. 2018)Annotate this Case
SP operates Dayton International Airport parking facilities and is headquartered in Chicago. Plaintiffs allege that they used these parking lots and received receipts that included the expiration date of their credit or debit cards, violating the Fair and Accurate Credit Transaction Act (FACTA), 15 U.S.C. 1681c(g)(1). They filed a class-action complaint in the Circuit Court of Cook County. The complaint did not describe any concrete harm that the plaintiffs had suffered. SP removed the action to federal court, arguing that the claim arose under a federal statute, then moved to dismiss for lack of Article III standing because the plaintiffs did not allege an injury in fact. Plaintiffs sought remand to state court, arguing that it was SP’s responsibility to establish subject-matter jurisdiction and that, without it, 28 U.S.C. 1447(c) required return of their case to state court. Because Article III does not apply in state court, they presumably hoped that their case could stay alive there despite their lack of a concrete injury. The district court denied the motion, determined that plaintiffs could not establish standing by stating only that the defendant had violated statutory requirements, and dismissed the case. The Seventh Circuit vacated and ordered a remand. The case was not removable, because the plaintiffs lack Article III standing—negating federal subject-matter jurisdiction.