Experian prevails in Tenth Circuit appeal
Clients Experian Information Solutions, Inc.
Jones Day client Experian Information Solutions, Inc. obtained a Tenth Circuit decision affirming a summary judgment in Experian's favor in litigation over fraud-based and Fair Credit Reporting Act claims. The plaintiff had sued Experian in the U.S. District Court, District of Colorado for claims relating to Experian's credit reporting, as well as claims that arose from a previous 2009 settlement with Experian, which the plaintiff alleged was procured through fraud. Specifically, the plaintiff claimed Experian and its attorneys made false representations prior to entering into the settlement, and claimed Experian continued to incorrectly report credit information about the plaintiff.
In considering Experian's summary judgment motion, the court concluded that (i) the prior settlement agreement and release was valid and enforceable, and barred the majority of the plaintiff's claims and (ii) Experian accurately reported the remaining accounts at issue.
The plaintiff made several attempts to revive his lawsuit, and ultimately filed a direct appeal of the District Court's August 2015 order to the Tenth Circuit Court of Appeals.
After full briefing, the Tenth Circuit affirmed the District Court's decision in the entirety, terminating the plaintiff's nearly half-decade-long dispute with Experian.
Collins v. Experian Information Solution, Inc., No. 14-cv-00742 (D. Colo.); No. 15-01482 (10th Cir.)