Experian defeats suit in Ninth Circuit challenging, under Fair Credit Reporting Act, Experian's reporting of debt discharged in bankruptcy

Client(s) Experian Information Solutions, Inc.

Jones Day successfully defended Experian Information Solutions, Inc. in this suit against Experian and Bank of America. The plaintiff, an individual who declared bankruptcy, alleged that Experian violated the Fair Credit Reporting Act by reporting his loan as discharged in bankruptcy. The plaintiff argued that the reporting was inaccurate because he exercised a "ride through" option pursuant to which he continued to make voluntary payments to Bank of America in order to continue to use the collateral that had secured the loan. The district court granted summary judgment in favor of Bank of America and Experian, on the ground that it was accurate to report that the plaintiff's debt had been discharged in bankruptcy. On the plaintiff's appeal to the Ninth Circuit, Jones Day took the lead in briefing and arguing on behalf of both defendants. The Ninth Circuit affirmed the dismissal in February 2010, on the basis that the plaintiff failed to provide adequate notice to Experian and Bank of America regarding any alleged inaccuracies in reporting.

Herisko v. Bank of America, et al., 2010 WL 675253 (9th Cir.)