Experian obtains summary judgment in lawsuit alleging inaccurate reporting of consumer bankruptcy

Client(s) Experian Information Solutions, Inc.

Jones Day client Experian Information Solutions, Inc. (“Experian”) obtained a complete victory on summary judgment against a plaintiff alleging that Experian had inaccurately reported the facts of his Chapter 13 bankruptcy. The plaintiff alleged that Experian negligently and willfully violated the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) by allegedly reporting a positive account balance and scheduled monthly payment for accounts discharged in bankruptcy. Experian argued in its motion for summary judgment that there was no evidence that any of the allegedly inaccurate information was ever disclosed to a third party. The United States District Court for the Northern District of Illinois granted Experian's motion for summary judgment, finding that the plaintiff could not meet his prima facie burden of proving that he suffered any damages as a result of any allegedly inaccurate information. The court found that because there was no evidence that the allegedly inaccurate information was disclosed to a third party, such information could not have been the cause of any of the plaintiff's credit denials. The court additionally found that the plaintiff's claim of emotional damages was supported only by his own conclusory and self-serving deposition testimony, and was therefore insufficient under Seventh Circuit law. Finding no evidence of damages, the court denied plaintiff's cross-motion for summary judgment, granted Experian's motion for summary judgment, and dismissed all claims against Experian with prejudice.

Jackson v. Experian Information Solutions, Inc. et al., No. 15-cv-11140 (N.D. Ill.)