Experian Wins Appeal to Send Data Breach Victim to Arbitration

Experian Information Solutions produced sufficient evidence to show that a data breach victim who signed up for the company’s credit monitoring service agreed to arbitrate rather than litigate her claims, the Eleventh Circuit ruled, reversing a lower court.

The plaintiff sued under the Fair Credit Reporting Act after noticing her credit file contained information that didn’t belong to her, according to Monday’s unpublished order from the US Court of Appeals for the Eleventh Circuit.

The lower court said a declaration from a Experian director of product operations—along with screenshots—as to what a consumer would see when signing up for a ...