Beating Back Experian's Attempts to Compel FCRA Claims into Arbitration

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Includes a Live Web Event on 12/12/2024 at 2:00 PM (EST)

Over the past few years, Experian has started aggressively moving to force FCRA claims out of court and into arbitration. To many, this might seem surprising. After all, Experian doesn't enter into contracts with consumers, so how could it force consumers into arbitration--which is a right created by contract? The answer is that Experian relies on contracts between consumers and affiliated companies that provide credit monitoring services. It argues that broad language in those contracts allows it to compel unrelated FCRA claims into arbitration. That argument has found some purchase with federal courts around the country. But there are strategies--both legal and factual--that you can use to defeat Experian's attempts to force your client's claim out of court. This webinar will focus on those strategies and discuss in detail the arguments and approach you should consider when confronting an Experian motion to compel arbitration.

What You Will Learn

•   How to understand an Experian motion to compel arbitration
•   What legal arguments may be available to you when opposing such a motion
•   How to develop a factual record and lay the groundwork to successfully oppose a motion to compel

Matt Wessler

Matt Wessler is a principal at Gupta Wessler LLP, where he focuses on public interest and plaintiffs’-side appellate and complex litigation. Matt handles high-profile cases at all levels of both state and federal court and regularly appears before the U.S. Supreme Court. In recent years, he has argued and won significant class-action, workers-rights, and consumer-protection appeals in multiple federal courts of appeal on issues including arbitration, payday lending, antitrust, civil procedure, class-action practice, and preemption. He has substantial expertise handling significant FCRA appeals. For his “excellence in appellate advocacy in America,” Matt was awarded the 2020 Pound Civil Justice Institute Appellate Advocacy Award.