Fair Isaac Files Lawsuit against Major Credit Reporting Agencies.Company Cites Anti-Trust and Unfair Competition Claims in Action Naming Equifax, Experian, TransUnion and VantageScore LLC (Logical Link Control) See "LANs" under data link protocol. LLC - Logical Link Control MINNEAPOLIS -- Fair Isaac Corporation (NYSE NYSE See: New York Stock Exchange :FIC FIC First International Computer FIC Fogarty International Center (John E. Fogarty International Center for Advanced Study in the Health Sciences; National Institutes of Health) FIC Fellowship for Intentional Community ) filed suit yesterday in Federal Court in Minneapolis alleging that the three national credit reporting agencies and a jointly owned entity have violated antitrust laws antitrust laws n. acts adopted by Congress to outlaw or restrict business practices considered to be monopolistic or which restrain interstate commerce. The Sherman Antitrust Act of 1890 declared illegal "every contract, combination.... and engaged in unfair competitive practices. In its suit, Fair Isaac alleges that Equifax Inc., Experian Information Solutions Inc., TransUnion LLC and VantageScore Solutions, LLC, through their launch and marketing of the VantageScore credit scoring Credit scoring A statistical technique that combines several financial characteristics to form a single score to represent a customer's creditworthiness. model, are jointly engaging in unfair and anti-competitive practices that harm the FICO FICO See: Financing corporation [R] credit score brand and goodwill that Fair Isaac has spent 50 years creating. "We have competed against the credit reporting agencies' scoring products for many years, and we are happy to compete on a level playing field See net neutrality. ," said Tom Grudnowski, CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. of Fair Isaac. "However, the recent agreement between the three powerhouse agencies unfairly threatens our ability to compete, and inhibits the ability of consumers and lenders to enjoy the benefits of continued innovation, choice and competition in the credit information marketplace." Fair Isaac's legal action echoes concerns of prominent consumer advocates that the VantageScore initiative is causing confusion for consumers seeking to understand and manage their credit. "Misleading and confusing marketing claims do not serve consumers' best interests," said Grudnowski. Currently, the credit reporting agencies sell and distribute FICO[R] scores directly to lenders. These agencies also own the consumer data on which scores are created, and they have the ability in most cases to set the price a lender pays for both a FICO[R] score and the score now offered through VantageScore. Citing anti-trust concerns, Fair Isaac believes that this situation allows the agencies to unfairly manipulate the credit score price, sales, and distribution process to promote adoption of their VantageScore product at the expense of fair competition from the FICO score FICO Score A standard credit score which makes up a substantial portion of a credit report that credit bureaus sell to lenders so they can asses an applicant's credit risk and whether to extend them credit. or other credit scoring products. "The three credit reporting agencies have been our primary U.S. distribution partners for Fair Isaac's scores for more than 15 years," said Grudnowski. "Now, the credit agencies are using their position to drive adoption of their own score to the detriment of our competing FICO score product and in conflict with their obligations to distribute our product." Among the complaints outlined in yesterday's action are Fair Isaac's contentions that the credit reporting agencies are using false and misleading marketing and advertising claims to promote adoption of the score offered through VantageScore, and that the credit reporting agencies are mischaracterizing Fair Isaac's credit scores. In addition, Fair Isaac believes that the agencies' marketing of a credit score product with a score range that overlaps the trademarked FICO score range of 300-850 is an unfair attempt to profit from confusion caused by the similar score ranges, as well as trademark infringement and a violation of fair trade laws fair trade laws n. state laws which permit manufacturers or producers to set minimum rates for resale of the product. They have been repealed or found violative of state constitutions in many states. . Fair Isaac does not expect nor intend that yesterday's action will impair lenders' or consumers' access to Fair Isaac's scores in the immediate future or long-term. Through yesterday's legal action, Fair Isaac is asking the three credit reporting agencies and VantageScore Solutions, LLC, to stop the unfair competitive activities outlined in the suit, and to conduct business in a way that serves the best interests of the financial services industry and consumers. About Fair Isaac Fair Isaac Corporation (NYSE:FIC) makes decisions smarter. The company's solutions and technologies for Enterprise Decision Management give businesses the power to automate more processes, and apply more intelligence to every customer interaction. Through increasing the precision, consistency and agility of their decisions, Fair Isaac clients worldwide increase sales, build customer value, cut fraud losses, manage credit risk, reduce operational costs, meet changing compliance demands and enter new markets more profitably. Founded in 1956, Fair Isaac powers hundreds of billions of decisions per year in financial services, insurance, telecommunications, retail, consumer branded goods, healthcare and the public sector. Visit Fair Isaac online at www.fairisaac.com. Fair Isaac Statement Concerning Forward-Looking Information Except for historical information contained herein, the statements contained in this press release that relate to Fair Isaac, including statements regarding its FICO([R]) score, and the relationship described herein, and the benefits to be derived from the offering, are forward-looking statements within the meaning of the "safe harbor Safe Harbor 1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated. 2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive. " provisions of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and of 1995. These forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially, including any unforseen technical difficulties related to the implementation, use and functionality of the offering, the risks that customers will not perceive material benefits from the offering, failure of the product to deliver the expected results, the possibility of errors or defects in the offering, regulatory changes applicable to the use of consumer credit and other data, the credit reporting agencies' responses to the referenced litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. , the consequences or outcome of the referenced litigation, and other risks described from time to time in Fair Isaac's SEC reports, including its Annual Report on Form 10-K Form 10-K A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information. Form 10-K See 10-K. for the year ended September 30, 2005, and quarterly report on Form 10-Q Form 10-Q See 10-Q. for the period ended June 30, 2006. Forward-looking statements should be considered with caution. If any of these risks or uncertainties materializes or any of these assumptions proves incorrect, Fair Isaac's results could differ materially from Fair Isaac's expectations in these statements. Fair Isaac disclaims any intent or obligation to update these forward-looking statements. Fair Isaac and FICO are trademarks or registered trademarks of Fair Isaac Corporation, in the United States and/or in other countries. Other product and company names herein may be trademarks or registered trademarks of their respective owners. |
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