Experian wins dismissal in putative class action
Clients Experian Information Solutions
On August 4, 2014, the U.S. District Court for the Northern District of Illinois dismissed all claims against Jones Day client Experian Information Solutions, Inc. ("Experian"). The dismissal followed two successive—and successful—motions to dismiss, and was entered with prejudice. In short, the plaintiffs on behalf of a putative class challenged Experian’s ability to provide credit information to downstream lenders that, it later turned out, may not have been licensed to do business in the state of the credit applicant. In response to Experian’s early motion, the court dismissed the complaint in its entirety, holding that the plaintiffs’ attempt to charge Experian with widespread liability for the alleged bad acts of downstream payday and other lenders did not state a cause of action under the Fair Credit Reporting Act. Though the plaintiffs filed an amended complaint, Experian again obtained a complete dismissal of all claims against it, persuading the court that the plaintiffs’ legal theory remained defective. The plaintiffs did not file a second amended complaint and the court dismissed all claims against Experian with prejudice.
Zorana Aleksic et al. v. Experian Information Solutions, Inc. et al., No. 13-cv-07802 (N.D. Ill.)