According to an alert issued today by consumer protection attorneys at Blankingship & Christiano, P.C, Experian Information Solutions, Inc. successfully uses arbitration clauses to prevent consumers from suing the credit agency over inaccurate credit reporting.
The arbitration clauses are not found in contracts directly with Experian, but instead appear in the fine print of sign-up agreements for affiliated services such as CreditWorks, FreeCreditScore.com, CreditReport.com, and others. Consumers typically access these services believing they are receiving a free credit score or monitoring service, often by simply clicking “I agree.”
“Most people think they’re doing something financially healthy by getting a free credit report, but they’re also clicking away their 7th Amendment rights,” said Hugo Blankingship, partner and founder at Blankingship & Christiano, P.C.
The 7th Amendment to the U.S. Constitution guarantees the right to a jury trial in civil cases, allowing individuals to bring disputes before a court of law rather than being forced into private arbitration.
“It’s not obvious to the average consumer because these arbitration clauses are deeply embedded in fine print and are being used to shield Experian from jury trials,” added Blankingship.
Although Experian is not a named party in these agreements, the credit reporting agency has successfully argued in court that it is an affiliated entity, and therefore entitled to enforce the arbitration provision. As a result, many consumers have been denied access to a courtroom, pre-trial discovery and jury trial. These are critical rights that consumers must preserve.
“We’ve had several clients who were unaware they had signed away their right to sue. This is not a technicality, it's a legal strategy with real consequences for people harmed by credit report inaccuracies,” said Tom Christiano, partner and co-founder of the firm.
Truly free, no-strings-attached credit reports can be accessed at annualcreditreport.com.
How Consumers Can Respond To Preserve Their Jury Rights
Blankingship & Christiano, P.C. recommends that consumers:
- Check their email or account history for sign-ups with CreditWorks, FreeCreditReport.com, or other Experian-affiliated services
- Call 1-866-617-1894 to cancel all services, including any free plans
- Choose the option for consumers
- You will have to provide your personal information so that they can locate you
- Be firm and tell them that you want to cancel both paid and free memberships
- Request written confirmation of cancellation by email
