The underlying dispute centers on allegations that Experian failed to use reasonable procedures when preparing consumer reports, resulting in the plaintiff’s information being mixed with his son’s.
The court excluded Hollon’s testimony regarding the plaintiff’s specific economic damages and their cause, agreeing with prior rulings that such opinions are unhelpful because the plaintiff can speak to his own losses. However, the court allowed Hollon to testify in general terms about the types of damages typically caused by errors on credit reports.
On the issue of legal conclusions, the court denied Experian’s challenge after the plaintiff represented that Hollon would testify about consumer reporting industry standards rather than definitively stating that Experian violated the Fair Credit Reporting Act (FCRA).
The court also rejected Experian’s argument that Hollon’s methodology was unreliable, noting that his 19 years of experience in FCRA matters provides a permissible basis for his opinions. The court noted that determining the credibility of Hollon’s conclusions is a task reserved for the jury.
Finally, while the court declined to strike the plaintiff’s briefing for violating local page limits, it warned counsel McKenzie Czabaj of the Consumer Justice Law Firm to adhere to those rules in future filings.