Experian wins dismissal with prejudice of all claims arising out of allegations that child support obligations were reporting inaccurately
Clients Experian Information Solutions, Inc.
Jones Day client Experian Information Solutions, Inc. obtained a complete dismissal with prejudice of a putative class action brought by a plaintiff who alleged that his child support obligations were reporting inaccurately.
The plaintiff sought to represent a class of consumers with child support obligations in Texas. He had a court order fixing the monthly amount owed, which he paid through bi-weekly withdrawals from his paycheck to the Texas Office of the Attorney General. In certain months, this arrangement left the plaintiff owing an additional sum to meet his monthly obligations.
When a review of the public record made clear that the inaccuracy (if it even existed) originated with the Texas Office of the Attorney General, Experian moved for judgment on the pleadings, arguing that the Fair Credit Reporting Act did not require Experian to settle disputes between a consumer and his creditors. The court agreed, granting Experian's motion and dismissing the case with prejudice. The court specifically held that because the Fair Credit Reporting Act requires Experian to report all information it received regarding overdue child support, it could not be liable for reporting the information it received from the Texas Office of the Attorney General, even if a consumer disputes the accuracy of that information.
Underwood v. Experian Info. Sols. Inc., No. 16-cv-7829 (N.D. Ill.)