Experian wins summary judgment and dismissal with prejudice of all allegations that it inaccurately reported consumer bankruptcy
Clients Experian Information Solutions, Inc.
Jones Day client Experian Information Solutions obtained through summary judgment dismissal with prejudice of all claims brought against it by a consumer alleging that Experian was not accurately reporting the facts of her Chapter 13 bankruptcy. The plaintiff, who as part of her Chapter 13 bankruptcy plan surrendered real property back to a creditor, alleged that Experian negligently and willfully violated the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) by reporting the account as "discharged in bankruptcy," but also allegedly reporting certain payment and account history information. Experian argued in its motion for summary judgment that its reporting was accurate as a matter of fact and law, and that there was no evidence that any allegedly incorrect or misleading information was disclosed to a third-party. Judge Harry Leinenweber explained that, absent evidence that Experian ever sent an inaccurate consumer report to a third-party, there could be no violation of the Fair Credit Reporting Act and consequently there could be no actual damages. The court denied Plaintiff's cross-motion for summary judgment, granted Experian's motion for summary judgment, and dismissed all claims against Experian with prejudice.
Zorba v. Bayview Loan Servicing, LLC, No. 1:15-cv-08663 (N.D. Ill.)