Life With GDPR: Episode 50-The Experian Enforcement Notice Case
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
In July 2024, the United States Court for the District of Massachusetts dismissed a pro se litigant’s claims against Experian Information Services LLC (Experian), TransUnion LLC (TransUnion), and Equifax Information...more
In a recent decision, the Upper Tribunal dismissed an appeal by the UK Information Commissioner, finding that Experian’s data processing practices had in fact been lawful. The appeal focussed on whether Experian had...more
In Santos v. Healthcare Recovery Group, LLC, Plaintiffs Omar Santos and Amanda Clements sued Experian for allegedly willfully violating the FCRA by failing to follow reasonable procedures to ensure the accurate preparation of...more
Joining every other circuit to address the same issue, the U.S. Court of Appeals for the Eleventh Circuit recently ruled that a consumer does not have to prove actual damages to recover statutory damages for willful...more
Credit reporting agencies TransUnion, Experian, and Equifax have extended their programs to provide consumers with the ability to access their credit reports for free on a weekly, rather than yearly, basis....more
News accounts of instances of stolen identity in which identity thieves incur debts in the names of innocent consumers are common. Given the structure of the consumer credit industry, it is difficult for consumers to know...more
FTC Settles with Experian for Alleged Customer Spamming - On August 14, 2023, the Federal Trade Commission (“FTC”) announced a proposed settlement involving Experian Consumer Services (“Experian”). A federal court entered...more
On August 14, 2023, the U.S. Department of Justice and the Federal Trade Commission (FTC) entered a stipulated settlement with Experian Consumer Services to resolve allegations that Experian violated the Controlling the...more
Here are some of the cases that dominated the headlines in the state Attorney General space. Grubhub − District of Columbia Attorney General Karl Racine secured $3.5M in a settlement with the food delivery company for...more
The Ninth Circuit Court of Appeals reversed a district court decision and compelled arbitration based on its determination that one of the litigants, Experian, was a party to the arbitration provision, despite the fact that...more
Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •AG Bonta Sends Letters to Plastic Bag...more
A group of 40 AGs reached settlements with Experian Information Solutions, Inc. and T-Mobile USA, Inc. concerning a 2015 data breach experienced by Experian that allegedly compromised the personal information of more than 15...more
Regulatory Announcements- FTC Holds September Open Commission Meeting and Votes to Approve Government and Business Impersonation Fraud NPRM, Gig Work Policy Statement, and Dark Patterns Report. On September 15, the FTC held...more
In Theresa Tailford, et al. v. Experian Information Solutions, the U.S. Court of Appeals for the Ninth Circuit recently affirmed a district court decision which held that Experian Information Solutions, Inc. did not violate...more
Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more
Exploring the bounds of concreteness and traceability following the Supreme Court’s landmark decision in TransUnion LLC v. Ramirez, the Sixth Circuit in Krueger v. Experian, et al. recently reversed a grant of summary...more
[co-author: David Anthony] In 2020, the appellate courts had numerous opportunities to weigh in on many unanswered questions that remain in litigation after over 50 years since the statute was first enacted. The case law...more
In Davis v. Experian Information Solutions, No. 20-15667, 2021 WL 2375933 (9th Cir. June 10, 2021), Plaintiff alleged that Experian violated sections 1681e and 1681i of the Fair Credit Reporting Act (“FCRA”) by “failing to...more
The Eleventh Circuit Court of Appeals recently reversed summary judgment entered in favor of Experian Information Solutions, Inc. (“Experian”) in a Fair Credit Reporting Act claim brought by Henry Losch (“Losch”) finding not...more
It’s always been there. Debt. Even though the Pennsylvania Divorce Code does not really mention it by name. If you speak to the hearing officers who draw the assignment of effecting equitable distribution, they respond...more
The best way to find out if you have been the victim of identity theft and to determine what accounts may have been opened in your name by criminals is to get a copy of your credit report....more
On February 1, 2021, the Southern District of New York denied Jason Wimberley’s motion to file a second amended complaint finding that despite the liberal standard applied to pro se pleadings, his proposed second amended...more
ICO has resumed its investigation into real-time bidding and the AdTech industry, as well as its review of the role of data brokers in the AdTech ecosystem. Companies using real-time bidding for advertising should take...more
In Stover v. Experian Holdings, the Ninth Circuit decided an issue of first impression for the circuit, holding that a party’s single visit to a website four years after her original visit—when she agreed to an online...more