Experian obtains pleadings-stage dismissal of action alleging unfair business practices

Client(s) Experian Information Solutions, Inc.

Jones Day obtained dismissal at the pleading stage of a complaint filed against Experian Information Solutions, Inc., alleging unfair business practices under California Business & Professions Code 17200. The suit was brought by the former owners of a credit information reseller business. Experian had terminated plaintiffs' reseller services agreement after their business failed a compliance audit.

Plaintiffs sought injunctive and declaratory relief that Experian should be precluded from "blacklisting" plaintiffs, individually, and from refusing to give them access to Experian's credit data as a result of their failed former business. Experian demurred on the grounds that plaintiffs could not identify any contract, statute, or other legal authority that gave them a right to do business with Experian and, to the contrary, Experian was legally entitled to choose with whom it does business. The court sustained Experian's demurrer without leave to amend, finding that any amendment would be futile.

Rezvan v. Experian Information Solutions, Inc., Case No. PC06479 (Super. Ct. Los Angeles Cty., Cal.)