ST. LOUIS – Experian Information Solutions Inc. on March 2 was dismissed from a lawsuit in the U.S. District Court Eastern District of Missouri brought by a woman who alleged the company was provided false credit information regarding her from Fidelity Information Corp.
The settlement with Experian leaves Fidelity as the sole remaining defendant in the case brought by Faye Usher.
Usher’s attorney, Matthew Cook of Cook Law LLC, said he was not at liberty to discuss the settlement terms with Experian. However, March 5 stipulation of dismissal stated that both parties were to bear their own court costs and attorney fees.
“I can’t talk about the settlement," Cook told the St. Louis Record. "We plan on filing a default motion, but we’re trying to reach out to resolve the case first.”
Fidelity is a California-based collection agency and Experian Information Solutions an analytical, information and marketing services company based in Costa Mesa, California.
Usher brought suit against the companies and Trans Union LLC, a credit reporting agency based in Chicago, alleging that Fidelity provided Experian and Trans Union credit information on her that was false, inaccurate and derogatory in violation of the Fair Credit Reporting Act (FCRA).
In December 2017 Experian filed an answer in the case but Fidelity did not, and so the clerk of the court entered a default (failure to appear or act) against Fidelity.
Trans Union was dismissed from the suit in an agreement with the plaintiff in January with each party to pay their own court costs. That left Experian and Fidelity in the suit.
Usher sought a default judgment against Fidelity in the amount of $23,300, contending in an affidavit that she continued to suffer damage, personal humiliation and emotional distress as a result of the actions of the defendants. Usher also asked for $1,000 in statutory damages, actual damages in the amount of $5,000, punitive damages of $12,000 and $5,300 for court costs and attorney fees, according to a Feb. 6 memorandum and order.
The court however determined it was better to stay a determination of damages until the plaintiff’s claims against the remaining defendants could be resolved.
“Inconsistent judgments may result if one defendant defends and prevails on the merits and the other suffers a default judgement,” the Feb. 6 memorandum and order stated.
On Feb. 6, the court denied the plaintiff’s motion for a default judgment against Fidelity without prejudice.
“The CRAs (Experian, Trans Union) were dismissed from the lawsuit and denied any wrongdoing,” Cook said.
The March 2 dismissal of Experian left the plaintiff the option of filing a renewed motion for default against Fidelity.
“A pending motion for default is outstanding,” Cook said.