Experian obtains complete dismissal in FCRA litigation
Clients Experian Information Solutions, Inc.
Jones Day client Experian Information Solutions, Inc. obtained dismissal with prejudice of all claims brought against it by a consumer alleging that Experian had misappropriated his name or likeness by creating consumer disclosures in his name. The plaintiff alleged that Experian had violated his common law right to publicity/misappropriation by issuing consumer disclosures for him without his prior consent. Experian successfully argued in its motion to dismiss that the plaintiff had failed to allege any facts which supported an inference that plaintiff's name had unique or inherent value which Experian appropriated when creating his consumer disclosures. Experian also successfully defended the dismissal following an attempt by the plaintiff to vacate the court's order.
Roberson v. Equifax, Inc., No. 4:16-cv-3319 (S.D. Tex.)