Author Topic: When ordering my CR, do I need to 'opt out' of arbitration?  (Read 507 times)

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tijuanasam

  • Valued Member
  • Posts: 69
Hi all.

Ordering my CR's for the first time in a while, and hoping to subsequently follow up w/some disputes. I want to be certain I'm doing this 'procedurally correct' so as to preserve any/all options I may have in following up w/CRA issues. I'll be ordering paper copies via the telephone & having them mailed to me. The crux of my question lies in the following.

I understand that many CRA's now include some type of mandatory arbitration agreement when purchasing their product(s). I'd like, if possible, to avoid having to do this & was wondering if there's a way to 'get around' agreeing to, and/or 'opting out' of any arbitration provisions?

Again, this will be me purchasing reports only, not scores...and this will not be a pull via the annualcreditreport site.

TLDR. I want to order my CR's & be able to sue the CRA's in federal court if they violate...NOT be stuck arbitrating any claims.

fisthardcheese

  • Valued Member
  • Posts: 3821
  • They forced arbitration into your contract. Use it
Re: When ordering my CR, do I need to 'opt out' of arbitration?
« Reply #1 on: April 06, 2017 10:04:46 PM »
Hi all.

Ordering my CR's for the first time in a while, and hoping to subsequently follow up w/some disputes. I want to be certain I'm doing this 'procedurally correct' so as to preserve any/all options I may have in following up w/CRA issues. I'll be ordering paper copies via the telephone & having them mailed to me. The crux of my question lies in the following.

I understand that many CRA's now include some type of mandatory arbitration agreement when purchasing their product(s). I'd like, if possible, to avoid having to do this & was wondering if there's a way to 'get around' agreeing to, and/or 'opting out' of any arbitration provisions?

Again, this will be me purchasing reports only, not scores...and this will not be a pull via the annualcreditreport site.

TLDR. I want to order my CR's & be able to sue the CRA's in federal court if they violate...NOT be stuck arbitrating any claims.

I don't know why you would want to opt-out of all the fun.  :vbrofl:

But it only requires the arbitration agreement if you order through their website.  You can always call them or send a written request for your reports in the mail without entering into an arbitration agreement.
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)

kevinmanheim

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  • Posts: 11515
Re: When ordering my CR, do I need to 'opt out' of arbitration?
« Reply #2 on: April 07, 2017 11:35:56 AM »
Read the arb clauses the CRAs provide to consumers.

At least two of the CRA's clauses now exclude FCRA claims from arbitration.

This means your only option is to sue them if a FCRA claim arises. It doesn't matter if you opt out.

I am left to wonder why there is even an arb clause in CRA agreements. For what cause of action would you sue a CRA, besides the FCRA?