Cases & Deals

Experian obtains summary judgment in purported class action alleging violation of Fair Credit Reporting Act based on reporting of payday loans

Client(s) Experian Information Solutions, Inc.

Jones Day client Experian Information Solutions, Inc. (“Experian”) obtained a complete victory on summary judgment against a plaintiff purporting to represent a nationwide putative class alleging violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681e(b), based on Experian’s reporting of payday loans that Plaintiff contended were unlawful. The United States District Court for the Central District of California rejected each of the plaintiff’s legal theories. First, the Court found that the amounts that Experian reported for Plaintiff’s loan were correct. Second, the Court concluded that Experian’s reporting of the plaintiff’s loan was not misleading, notwithstanding the plaintiff’s assertion that the loan was “illegal” and “void ab initio.” Third, the Court held that the plaintiff failed to demonstrate a genuine issue for trial regarding her allegation that Experian willfully violated the FCRA. Having granted Experian’s motion for summary judgment in its entirety, the Court ruled that the plaintiff’s motion for class certification and her motion for partial summary judgment in her favor were moot.

Demeta Reyes v. Experian Information Solutions, Inc., No. 16-cv-00563-AG-AFM (C.D. Cal.)