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Evelyn Clark v. Experian Information Solutions, Inc.

2005 U.S. Dist. LEXIS 8243 (2005)

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Evelyn Clark v. Experian Information Solutions, Inc.

United States District Court for the Northern District of Illinois

2005 U.S. Dist. LEXIS 8243 (2005)

Facts

Illinois resident Evelyn Clark (plaintiff) purchased a product via the internet from California businesses Consumerinfo.com (Consumer Info) and Experian Information Solutions Inc. (Experian) (defendants). The businesses maintained websites on servers located in California. From her computer in Illinois, Clark used her credit card to buy a credit report from the businesses, but she was never able to print it out at home as she had been led to believe would be possible, and furthermore, she was unknowingly signed up and charged for a pricey credit-monitoring service. Clark brought an action against Consumer Info and Experian in the Northern District of Illinois, alleging deceptive trade practices, among other claims. The court was called on to decide whether Illinois’s or California’s consumer-protection statutes would apply. A provision of the California Code, but not the Illinois Code, would allow Clark to act as a private attorney general to bring a consumer-protection claim.

Rule of Law

Issue

Holding and Reasoning (Holderman, J.)

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