Cases & Deals

Experian secures appellate victory against putative class action

Client(s) Experian Information Solutions, Inc.

Jones Day won an appellate victory in the Ninth Circuit Court of Appeals, which affirmed summary judgment for Experian Information Solutions, Inc. in a putative class action alleging violations of the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq. The case centered on the plaintiffs' contention that Experian inaccurately reported their short sales as foreclosures, because that is how they were interpreted by Fannie Mae's automated underwriting system, which allegedly prevented Plaintiffs and putative class members from obtaining subsequent mortgages. In affirming the United States District Court for the Southern District of California’s grant of summary judgment for Experian, the Ninth Circuit concluded that Experian's short sale reporting was indisputably accurate and, further, that the plaintiffs failed to establish a willful violation as a matter of law. The Ninth Circuit’s ruling came in a published opinion dated May 29, 2018, and the court denied rehearing in an order dated July 9, 2018.

Shaw v. Experian Information Solutions, Inc., Case No. 13-CV1395 (S.D. Cal.); Case No. 16-56587 (9th Cir.)