MINNEAPOLIS, November 20, 2009 – In a case brought by FICO (NYSE: FICO) claiming trademark infringement, unfair competition and passing off by Experian, TransUnion and VantageScore Solutions, a jury in the United States District Court in Minneapolis today decided for the defendants. FICO will file post-trial motions to address certain issues in the case, but should the jury verdict stand, FICO said it plans to appeal.
“This case is about two things: fairness and consumer protection,” said Mark Greene, chief executive officer at FICO. “While we’re disappointed by this jury’s verdict, we remain confident in the validity of our claims. At a time when consumers most need clarity regarding their creditworthiness, it’s imperative that they understand whether the credit scores they purchase are FICO® scores, which are used by most lenders to make decisions, or merely lookalike scores not actually used by lenders to make lending decisions.”
FICO is the developer of the industry-standard FICO® score, which is used by the vast majority of lenders to make credit decisions. Consumers have several ways of viewing their own FICO score, including through the myFICO.com website, which also contains free information about how to manage one’s credit health.
FICO has long maintained that advertising and other tactics used by Experian, TransUnion and VantageScore Solutions deliberately confuse consumers into purchasing their credit scores under the false belief that they are FICO® scores, or that the scores they buy from these companies are used by their lenders to make credit decisions – neither of which is the case.
These other companies’ scores generally differ significantly from a consumer’s actual FICO® score, misleading consumers into believing they have higher or lower FICO scores than actually is the case. At a time when many consumers are struggling to understand their creditworthiness and obtain credit, such deception can be extremely harmful to individual consumers and to the financial system as a whole.
FICO previously announced that it will appeal a July decision by the same federal court to
dismiss additional antitrust, contract, and certain false advertising claims which FICO originally brought in October 2006 against the same defendants. FICO believes strongly in the merits of each of its claims, including that VantageScore remains an illegal presence in the market.
FICO (NYSE:FICO) transforms business by making every decision count. FICO’s Decision Management solutions combine trusted advice, world-class analytics and innovative applications to give organizations the power to automate, improve and connect decisions across their business. Clients in 80 countries work with FICO to increase customer loyalty and profitability, cut fraud losses, manage credit risk, meet regulatory and competitive demands, and rapidly build market share. FICO also helps millions of individuals manage their credit health through the award-winning www.myFICO.com website.
FICO Statement Concerning Forward-Looking Information
Except for historical information contained herein, the statements contained in this news release that relate to FICO or its business are forward-looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially, including the success of the Company’s Decision Management strategy and reengineering initiative, the maintenance of its existing relationships and ability to create new relationships with customers and key alliance partners, its ability to continue to develop new and enhanced products and services, its ability to recruit and retain key technical and managerial personnel, competition, regulatory changes applicable to the use of consumer credit and other data, the failure to realize the anticipated benefits of any acquisitions, continuing material adverse developments in global economic conditions, and other risks described from time to time in FICO’s SEC reports, including its Annual Report on Form 10-K for the year ended September 30, 2008, and its quarterly report on Form 10-Q for the period ended June 30, 2009. If any of these risks or uncertainties materializes, FICO’s results could differ materially from its expectations. FICO disclaims any intent or obligation to update these forward-looking statements.
FICO is a registered trademark of Fair Isaac Corporation.
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