Experian obtains reversal of $3 million jury verdict for alleged FCRA violation

Client(s) Experian Information Solutions, Inc.

Jones Day successfully represented Experian Information Solutions, Inc. in obtaining a reversal of a jury verdict that imposed $3 million in punitive damages for willful violation of the Fair Credit Reporting Act ("FCRA"). The plaintiff alleged that Experian improperly refused to reinvestigate his credit dispute, and broadly challenged Experian's policy of vetting consumer dispute letters to ensure that they are submitted by the consumer and not by third parties. The jury found a willful violation and imposed $5,000 in compensatory damages and $3 million in punitive damages. On Experian's post-trial motion, the trial judge reduced the punitive award to $490,000. The Eleventh Circuit reversed the willfulness verdict and the punitive damages entirely, holding that there was no basis for a reasonable jury to find a willful violation.

Younger v. Experian Information Solutions Inc. LLC, Nos. 19-11487, -11940 (11th Cir.); Younger v. Portfolio Recovery Associates LLC, et al., No. 2-15-cv-00952 (N.D. Ala.)