Cases & Deals

Experian secures dismissal of data privacy putative class for lack of Article III Standing after completion of discovery

Client(s) Experian Information Solutions, Inc.

Jones Day successfully represented Experian Information Solutions, Inc. (“Experian”) in a putative class action brought in the Northern District of Illinois alleging violations of the Fair Credit Reporting Act (“FCRA”) based on the alleged disclosure of a prescreen list containing the credit information of thousands of consumers to an entity without permissible purpose. The United States District Court for the Northern District of Illinois granted Experian's motion to dismiss for lack of Article III standing. The court found that absent any evidence of some tangible harm suffered by the plaintiff as a result of the alleged disclosure, such as a negatively impacted credit score, a denial of credit, or an unwanted solicitation from a debt settlement company, the allegedly impermissible disclosure alone could not constitute a concrete injury capable of giving rise to Article III standing. The court further reasoned that the plaintiff's claim of emotional damages was supported only by his own conclusory and self-serving deposition testimony, and was therefore insufficient under Seventh Circuit law to establish standing. Finding no injury giving rise to Article III standing, the court dismissed all of the plaintiff's claims with prejudice.

Crabtree v. Experian Information Solutions, Inc., No. 16-cv-10706 (N.D. Ill.)