ConsumerInfo.com defeats class certification in a proposed Illinois class action involving Internet website marketing
Jones Day successfully defended client ConsumerInfo.com in a proposed Illinois class action. Two plaintiffs filed a putative class action in the U.S. District Court for the Northern District of Illinois seeking damages against Experian Information Solutions, Inc. and its subsidiary ConsumerInfo.com (CIC), based on allegations that defendants violated the Illinois Consumer Fraud and Deceptive Business Practices Act by purportedly luring consumers into unwittingly enrolling in and paying for, CIC's Credit Check credit monitoring service. The district court denied plaintiffs' motion to certify a class of Illinois consumers who enrolled in the service and subsequently granted summary judgment in favor of the defendants against both plaintiffs. Jones Day successfully opposed a December 2005 petition to the Seventh Circuit for interlocutory review of the class certification ruling and briefed and argued, on behalf of appellees, the appeal to the Seventh Circuit after final judgment. Oral argument was held May 1, 2007 and the Seventh Circuit ruled in favor of Jones Day's clients on November 30, 2007.
Clark v. ConsumerInfo.com, No. 03 C 7882, 2006 WL 2224049 (N.D. Ill. Aug. 2, 2006); Clark v. ConsumerInfo.com, 233 F.R.D. 508 (N.D. Ill. 2005); Clark v. ConsumerInfo.com, 256 F. App'x. 818 (7th Cir. 2007)