Experian obtains complete dismissal of putative class action lawsuit alleging unlawful bank transfers

Client(s) Experian Information Solutions, Inc.; Experian Holdings, Inc.; ConsumerInfo.com

On behalf of Experian Holdings, Inc., ConsumerInfo.com, Inc., and Experian Information Solutions, Inc., Jones Day obtained complete dismissal with prejudice of putative class claims brought by a consumer. The plaintiff alleged that the Experian entities wrongfully transferred money from his bank account in connection with certain credit monitoring services, which were actually obtained by an identity thief. Seeking relief on behalf of three nationwide classes and three Wisconsin classes, the plaintiff asserted novel theories of liability under the Electronic Funds Transfers Act ("EFTA"), the Credit Repair Organization Act ("CROA"), the Wisconsin Consumer Act ("WCA"), and Wisconsin common law.

In a detailed ruling, the court adopted virtually all of Experian's arguments for dismissal, holding (1) that the court lacked personal jurisdiction over the claims against Experian Holdings and Experian Information Solutions, (2) that the plaintiff's claims under the EFTA were untimely and otherwise insufficiently pled, (3) that the CROA and the WCA did not apply, and (4) that the plaintiff's claims for injunctive relief, unjust enrichment, and declaratory relief were flawed. Because none of the plaintiff's claims could be saved through amendment, the court dismissed the case with prejudice and entered final judgment in Experian's favor.

Carrington v. Experian Holdings, Inc., No. 3-19-cv-00398 (W.D. Wis.)