Experian obtains Fifth Circuit summary judgment in FCRA litigation

Client(s) Experian Information Solutions, Inc.

Jones Day client Experian Information Solutions, Inc. secured a Fifth Circuit decision affirming the district court’s grant of summary judgment in Experian’s favor, thereby putting an end to the plaintiff’s claims under the Fair Credit Reporting Act ("FCRA").

The case was brought in the United States District Court for the Eastern District of Louisiana by a plaintiff who alleged that Experian improperly continued to report a charged off car loan for longer than the seven years allowed under the FCRA. The plaintiff, however, incorrectly calculated the seven years from the date of an earlier delinquency on the disputed account, rather than the final delinquency that resulted in the loan being charged off.

The district court granted Experian summary judgment as to all claims. In a per curium opinion, the Fifth Circuit affirmed on the grounds that the plaintiff failed to raise a genuine issue of material fact to demonstrate that Experian acted willfully or that the plaintiff was actually damaged.

Cameron v. Greater New Orleans Fed. Credit Union, No. 17-30592 (5th Cir.)