"more predictive, consistent, stable" is puffery, but misrepresentation of what credit score you'd get isn't

Fair Isaac Corp. v. Trans Union, LLC, 2019 WL 1436018, No. 17-cv-8318 (N.D. Ill. Mar. 30, 2019)FICO sued TransUnion for breach of contract, breach of good faith and fair dealing, copyright infringement, conversion, and false advertising. Since 1989, TransUnion, one of three major credit bureaus, has been licensed to use FICO’s scoring algorithm to sell credit scores (FICO Scores) to its customers. TransUnion also uses FICO’s software in applying the algorithm to an individual’s credit data. In 2015, FICO allegedly learned that TransUnion committed several contractual infractions: underpaid royalties, copyright infringement and conversion, and breach of several written agreements, as well as false advertising related to VantageScore, a FICO-rival credit company created by TransUnion, Experian, and Equifax.  The breach of contract/copyright claims survived a motion to dismiss. Conversion claims failed: it is well established that “Illinois courts do…

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