Experian wins Ninth Circuit decision affirming summary judgment victory in FCRA dispute

Client(s) Experian Information Solutions, Inc.

Jones Day secured a complete victory for Experian Information Solutions, Inc. ("Experian") in a Fair Credit Reporting Act (FCRA) dispute, winning summary judgment in the U.S. District Court for the District of Arizona and affirming that decision on appeal before the Ninth Circuit. The plaintiff alleged that Experian violated the FCRA by inaccurately reporting that she had joint contractual liability for a medical debt incurred by her husband, claiming violations of both 15 U.S.C. § 1681e(b) and § 1681i(a)(1)(A).

The Ninth Circuit unanimously affirmed the district court's grant of summary judgment, adopting Experian's arguments that the report was accurate as a matter of law. The court rejected the plaintiff's contention that the "joint account" designation was patently incorrect, agreeing with Experian that "contractual responsibility for a joint account" reasonably encompasses situations where a consumer is jointly liable for debt through community property obligations. The Ninth Circuit further held that Experian's reporting "[did] not seem to be misleading at all" because the plaintiff was jointly liable for the full amount of the debt.

Lovelady v. Experian Information Solutions, Inc., No. 25-2720 (9th Cir.)