Experian prevails on appeal in proposed class action

Client(s) Experian Information Solutions, Inc.

Jones Day obtained a significant victory for Experian Information Solutions, Inc. in a nationwide putative consumer class and individual action alleging a panoply of claims, including under the Fair Credit Reporting Act ("FCRA") for Experian’s alleged failure to clearly disclose to consumers that certain Experian generated credit scores were not industry Fair Isaac scores. In the complaint, Plaintiff’s sought public injunctive and other relief under McGill in an effort to circumvent the parties’ arbitration agreement. In a published opinion, the Ninth Circuit Court of Appeals affirmed the decision of the District Judge, the Hon. Cormac J. Carney granting Experian's motion to compel individual arbitration in its entirety, holding that the arbitration agreement encompassed Plaintiff’s claims, which were not for public injunctive relief.

Stover v. Experian Holdings, Inc., No. 19-55204 (9th Cir. 2020)