Experian prevails in 11th Circuit appeal in one of first applications of Safeco to Fair Credit Reporting Act case

Client(s) Experian Information Solutions, Inc.

Jones Day represented Experian Information Solutions, Inc. in this putative nationwide class action seeking up to $3 billion in statutory damages based on allegations that Experian willfully violated the Fair Credit Reporting Act ("FCRA"). The lead plaintiff alleged that Experian willfully violated the FCRA by providing information from several million putative class members' credit files to a credit card company with which they had paid off and closed their accounts. On January 15, 2008, the District Court granted Experian's motion seeking summary judgment, dismissing all claims. The plaintiff appealed to the 11th Circuit, where the case was argued on December 3, 2008. On January 12, 2009, in one of the first appellate decisions applying the U.S. Supreme Court's 2007 decision in Safeco Ins. Co. of America v. Burr, the Eleventh Circuit affirmed, adopting Jones Day's interpretation of Safeco and its argument that, as a matter of law, the plaintiff could not establish a willful violation of the FCRA.

Levine v. World Fin. Network National Bank, 554 F.3d 1314 (11th Cir. Jan. 12, 2009)