Author Topic: DeVries v. Experian Information Solutions, Inc. (N.D. Cal. Feb. 24, 2017)  (Read 2083 times)

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rjaguar3

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I've attached the opinion.  In this case, Experian moved to compel arbitration of plaintiff's claims arising from purchase of a credit report at experian.com in 2014 based on its terms of use.  Plaintiff argued that the controlling version of the terms of use was the 2016 terms (based on his making two visits to the website in 2016), which include the FCRA carve-out.  The court rejected Experian's arguments that the 2016 terms did not apply to the 2014 transaction.  The court held that the determination of whether the claims were within the FCRA carve-out and whether the arbitration clause violated public policy were delegated to the arbitration, and that Experian had not waived its right to arbitration.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Funny that Equifax (EIS) thinks they have a right to compel arbitration in this case, yet in a case where I filed a PTC against them a few months prior to this case, they swore to the federal court that EIS is not a party to the arbitration agreement.

How convenient that they now decided they ARE, in fact, a party to this arbitration agreement.

Not only that, but they are compelling arbitration with their new agreement which has an "FCRA carve out" in it.  So, according to Equifax, the carve out does not actually apply and they are most certainly a party to the agreement.  Interesting.

Although not binding in my circuit, I have saved this case just in case I need to take EIS back to arbitration and file a new PTC in the future.
« Last Edit: March 01, 2017 11:27:55 AM by fisthardcheese »
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Bruno the JDB Killer

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He alleges that EIS “requires consumers to provide more detailed information than is required by statute to frustrate consumers into believing they cannot obtain a free Credit Report, and thus inducing them to purchase a Credit Report.”


This doesn't sound like an FCRA gripe to me, it sounds like a fraud scheme or breach of contract. I don't see where it involved the reporting of consumer information.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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  • They forced arbitration into your contract. Use it
I mistakenly read this as Equifax since the court order is using the same "EIS" acronym for Exerian as Equifax used in my particular case.  So disregard my post above.  Although the same argument does remain with Experian, who told coltfan that they were not a party to the contract and that the FCRA carve out prevented arbitration, yet in this case above they very much want arbitration and don't believe the FCRA carve out is that big of a deal.  Convenient.

He alleges that EIS “requires consumers to provide more detailed information than is required by statute to frustrate consumers into believing they cannot obtain a free Credit Report, and thus inducing them to purchase a Credit Report.”


This doesn't sound like an FCRA gripe to me, it sounds like a fraud scheme or breach of contract. I don't see where it involved the reporting of consumer information.

It actually sounds like CA has a state statute that allows for free credit reports and by Experian preventing access to those free reports as allowed by the state statute, they are in violation of that.    The case is rather similar to an issue that TU may be facing in arbitration this week with a yellow boot coming down on their chest.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Bruno the JDB Killer

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And Braun Strowman is your attorney, I suppose. How does the FCRA figure in?
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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  • They forced arbitration into your contract. Use it
And Braun Strowman is your attorney, I suppose. How does the FCRA figure in?

In my case, they violated both state and FCRA by refusing to provide a copy of my credit report over a dozen times upon request.

I'm pro-se, so like the Big Show, I don't need a tag partner.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Bruno the JDB Killer

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State the part of the FCRA that says anybody must provide you with a free credit report. Big Show got his clock cleaned by Strowman. Watch and learn. You are NOT the dirtiest player in the game.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

BellEbutton

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State the part of the FCRA that says anybody must provide you with a free credit report. Big Show got his clock cleaned by Strowman. Watch and learn. You are NOT the dirtiest player in the game.

Correct.  It's not in the FCRA.
« Last Edit: March 02, 2017 05:57:39 PM by BellEbutton »

fisthardcheese

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  • They forced arbitration into your contract. Use it
15 U.S.C. § 1681j(a)

and

15 U.S.C. § 1681j(b)

Quote
Section 1681j provides that "consumer reporting agencies ... shall make all disclosures pursuant to section 1681g of this
title once during any 12-month period upon request of the consumer and without charge to the consumer." 15 U.S.C. § 1681j(a)(1)(A). Section 1681j(b) provides that a CRA "shall make all disclosures pursuant to section 1681g of this title without charge to the consumer if, not later than 60 days after receipt by such consumer of a notification pursuant to section 1681m of this title ... stating that the consumer's credit rating may be or has been adversely affected, the consumer makes a request under section 1681g of this title." Id. § 1681j(b).   Edeh v. EQUIFAX INFORMATION SERVICES, LLC, 919 F. Supp. 2d 1006 - Dist. Court, Minnesota 2013

Tell me more stories about how I am not entitled to a free report under the FCRA.
« Last Edit: March 02, 2017 06:38:59 PM by fisthardcheese »
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

BellEbutton

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15 U.S.C. § 1681j(a)

and

15 U.S.C. § 1681j(b)

Tell me more stories about how I am not entitled to a free report under the FCRA.

I forgot that the Fair and Accurate Credit Transactions Act was an amendment to the FCRA.

Bruno the JDB Killer

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after receipt by such consumer of a notification pursuant to section 1681m of this title ... stating that the consumer's credit rating may be or has been adversely affected


I don't see this in the case cited. Looks like he just wanted his freebie and didn't comply with the terms.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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  • They forced arbitration into your contract. Use it
after receipt by such consumer of a notification pursuant to section 1681m of this title ... stating that the consumer's credit rating may be or has been adversely affected


I don't see this in the case cited. Looks like he just wanted his freebie and didn't comply with the terms.

The guy did many things wrong and lost that case, but the entire point of citing it was to show you and BellE that there is most definitely a right to a free credit report under the FCRA, since you were on some kind of Randy Savage rant that no one understood.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Bruno the JDB Killer

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I think it was easily understood by anyone who made it past the third grade, you all. The point is that the statute does NOT provide for a free credit report under any conditions the consumer chooses. To be the man.......
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.