Experian wins summary judgment and award of attorney's fees after court finds case filed in bad faith
Clients Experian Information Solutions, Inc.
Jones Day client Experian Information Solutions, Inc. obtained a complete win at summary judgment against a plaintiff who brought allegations that several mortgage accounts were reporting inaccurately following his Chapter 13 bankruptcy.
Plaintiff alleged that he had surrendered several properties to satisfy his mortgage obligations as a part of the bankruptcy process. When he later went to buy a vacation home, he was unable to obtain financing due to the ongoing foreclosure process against the surrendered properties. Despite knowing that it was the foreclosure process that prevented his obtaining new credit, the plaintiff filed a complaint alleging that it was Experian's reporting that caused his problems.
At summary judgment, the court granted Experian's motion and denied plaintiff's finding that there was no basis to claim that Experian's reporting had caused the plaintiff any damage and that there was no evidence to suggest that Experian's procedures were unreasonable. Following summary judgment, the court granted Experian's motion for a finding that the case was filed in bad faith in violation of 15 U.S.C. 1681n(c) and that plaintiff and his lawyers, Sulaiman Law Group, vexatiously multiplied the proceedings in violation of 28 U.S.C. 1927. The court held that Experian was entitled to all of its reasonable attorney's fees incurred from defending the case.
Pappas v. Experian Info. Sols. Inc., No. 15-cv-8115 (N.D. Ill.)