Experian resolves putative class action lawsuit over permissible purpose provision of FCRA

Client(s) Experian Information Solutions, Inc.

Jones Day represented Experian Information Solutions, Inc. in a putative data privacy class action brought by plaintiffs attempting to certify a class of more than 100 million consumers. If certified, the putative class action would have been one of the largest classes ever certified. The named plaintiffs in the lawsuit alleged that a company that purchased their credit data from Experian for purposes of making a "firm offer of credit," as specifically allowed by the Fair Credit Reporting Act, failed to make them a bona fide "firm offer of credit" as it was required to do under the Act. According to plaintiffs, such use of their credit information violated the permissible purpose provision of the Act. Jones Day defended Experian's procedures and the contents of the offer of credit. Following briefing on class certification, the case was resolved without a class being certified.

Montgomery v. Experian Information Solutions, Inc., Case No. 0:13-cv-02798 (D. Minn.)