Experian Information Solutions, Inc. v. Lifelock, Inc.

ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT

Plaintiff and Counter-Defendant Expe-rian Information Solutions, Inc. (“Expe-rian”) has filed a Motion for Partial Summary Judgment (“Motion”) against Defendant Lifelock, Inc. (“Defendant”) in this case concerning fraud alerts under Section 1681c-l of the Fair Credit Reporting Act (“FCRA”). The issue here is whether a stated public policy that companies like Experian are not required to process fraud alerts placed by companies, rather than individuals, establishes a public policy that companies like Lifelock must not place such fraud alerts. The Court concludes that there is a public policy against Lifelock placing such fraud alerts, and GRANTS the Motion.

BACKGROUND

Experian is one of three major credit reporting organizations operating in the United States. Lifelock is a corporation offering its customers a “bundle of identity theft protection services.” (Counterclaim ¶ 36.) As one of those services, Lifelock submits requests for placement of “fraud alerts” on the credit files maintained by Experian and other consumer reporting agencies. When a consumer reporting agency like Experian receives a valid request for a fraud…