Experian Traps Consumers in Its Web
The Hidden Arbitration Clauses in Experian’s Affiliate Services
Over the past two years, Experian has been defending lawsuits by asserting that victims of its credit reporting violations must arbitrate their claims. This argument is based on consumers signing up for services affiliated with Experian that include arbitration clauses. These services, often under names like CreditWorks, FreeCreditReport.com, and CreditCheckTotal.com, are not directly from Experian Information Solutions, Inc. However, Experian claims affiliation with these entities, thereby enforcing arbitration agreements from these services.
The Deceptive Lure of “Free” Credit Services
Consumers are enticed by offers of free credit reports, scores, or monitoring. In the process, they provide personal information and, by clicking “I agree,” unknowingly consent to arbitration clauses buried within lengthy Terms of Use agreements. These agreements, sometimes spanning 97 pages, obscure arbitration clauses that waive the consumer’s right to a jury trial for disputes with Experian.
The Legal Implications of Unread Agreements
Even though Experian Information Solutions, Inc. isn’t a direct party to these contracts, courts have upheld that, as an “affiliated entity,” it can enforce these arbitration agreements. This means consumers inadvertently forfeit their right to sue Experian in court over inaccuracies in their credit reports.
Steps to Protect Your Rights Against Forced Arbitration
If you’ve enrolled in any services associated with Experian or CreditWorks, consider the following actions to preserve your legal rights:
- Avoid Enrolling in Experian-Affiliated Services: Refrain from signing up for services that mention Experian or CreditWorks.
- Cancel Existing Services: If you’re uncertain about previous enrollments, check your records for any interactions with Experian or CreditWorks. If found, contact Experian at 1-855-962-6943 to cancel all services. Ensure you specify the cancellation of both free and paid services to avoid remaining bound by arbitration agreements.
- Obtain Written Confirmation: Request written confirmation from Experian stating that you’ve canceled all services and do not agree to arbitration.
By taking these steps, you can help protect your Seventh Amendment right to a trial by jury and avoid being ensnared by hidden arbitration clauses.
Contact Blankingship & Christiano P.C. to Speak with a Credit Report Error Lawyer
If you have an error on your credit report and need legal help getting it corrected contact the Virginia Credit report error lawyers at Blankingship & Christiano, P.C. (571) 307-6419 or fill out our contact form to discuss your case.
