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Experian wins partial summary judgment

July 2016

Client(s) Experian Information Solutions, Inc.

Jones Day won partial summary judgment for Experian Information Solutions, Inc. in an action alleging violations of the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq., and the California Consumer Credit Reporting Agencies Act, Cal. Civ. Code Section 1785.1 et seq. Experian's summary judgment motion focused on the plaintiff's contention that Experian inaccurately reported his short sale as a foreclosure, because that is how it was interpreted by Fannie Mae's automated underwriting system. The United States District Court for the Northern District of California granted summary judgment in Experian's favor regarding this theory, concluding that Experian's short sale reporting was "not misleading as a matter of law" and, further, that the plaintiff failed to establish willful violations as a matter of law.

Banneck v. HSBC Bank USA, N.A., No. 15-cv-02250-HSG (N.D. Cal.)

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