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Rilley v. Moneylion of Utah LLC

United States District Court, D. Utah, Central Division

December 20, 2018

SCOTT RILLEY; MICHELLE KUNZA; KENDRA BUETTNER; JOHNATHAN ALDRICH; and VENUS COLQUITT-MONTGOMERY, Petitioners,
v.
MONEYLION OF UTAH LLC, Respondent.

          TENA CAMPBELL DISTRICT JUDGE

          MEMORANDUM DECISION AND ORDER

          PAUL M. WARNER CHIEF UNITED STATES MAGISTRATE JUDGE

         District Judge Tena Campbell referred this case to Chief Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. § 636(b)(1)(A).[1] Before the court is petitioners Scott Rilley, Michelle Kunza, Kendra Buettner, Johnathan Aldrich, and Venus Colquitt-Montgomery's (collectively, “Petitioners”) motion to enforce subpoena (the “Motion”).[2] The court has carefully reviewed the written memoranda submitted by the parties. Pursuant to Civil Rule 7-1(f) of the Rules of Practice for the United States District Court for the District of Utah, the court has concluded that oral argument is not necessary and will decide the motion on the basis of the written memoranda. See DUCivR 7-1(f).

         BACKGROUND

         This matter is before the court on the Motion, which seeks an order enforcing a subpoena duces tecum served on a non-party in a putative class action, Rilley v. MoneyMutual, LLC, No. 16-cv-04001 (D. Minn.). In the underlying lawsuit, Petitioners allege that MoneyMutual, LLC; Selling Source, LLC; and Partner Weekly, LLC (collectively, “Defendants”) violated Minnesota law by facilitating short-term consumer loans to Minnesota residents. During discovery in the underlying lawsuit, Defendants produced to Petitioners a spreadsheet showing leads that were sold by Defendants, when they were sold, and to which lender those leads were sold. Defendants identified MoneyLion of Utah, LLC (“Respondent”) as one of the lenders, and indicated that in 2016, Respondent purchased a total of thirty-two (32) leads on potential borrowers in Minnesota. Petitioners have issued approximately 100 subpoenas on non-party lenders, including the amended subpoena served on Respondent in this action (the “Subpoena”).[3]

         The Subpoena requests the following documents:[4]

1. Copies of Respondent's loan agreements with Minnesota residents consummated since August 1, 2008, where contact with the Minnesota resident was initiated through one of the Defendants.
2. Documents evidencing payment history for every loan transaction that Respondent consummated with Minnesota consumers since August 1, 2009, where the contact was initiated through a lead purchased from one of the Defendants, including sufficient information to identify the consumer's bank and account number involved in the loan transaction.
3. Any agreements or contracts in effect since August 1, 2009, with companies to which Respondent furnishes information regarding loans for the purposes of credit reporting or collection.
4. Respondent's contracts with Defendants that have been in effect since August 1, 2009.
5. Communications with Defendants since August 1, 2009, relating the underlying lawsuit; the legality of Respondent's loans; Respondent's legal status as a lender; any registrations or certifications held by Respondent; any code of conduct applied by MoneyMutual, LLC or its affiliates to Respondent; complaints regarding loans; any contracts, or agreements between Respondent and Defendants; or any other lawsuits involving lending.
6. Any lending licenses Respondent has obtained from the state of Minnesota since August 1, 2009.
7. Agreements with any payment processors or banks that Respondent has used to initiate ACH transactions on Respondent's behalf with Minnesota ...

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