Product: Credit reporting or other personal consumer reports

MOTION TO COMPEL ARBITRATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Walter Pierce, Jr., Plaintiff v.

Experian Information Solutions , Inc., Defendant Case No. : XXXX MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS NOW COMES Plaintiff, XXXX XXXX XXXX XXXX XXXX by and through himself, and hereby moves this Honorable Court to compel arbitration of this matter in accordance with the Federal Arbitration Act ( 9 U.S.C . 1, et seq. ) and any applicable arbitration agreement binding the parties. In support of this motion, Plaintiff states as follows : I. INTRODUCTION XXXX. This action arises from the reporting of a late payment by the creditor, XXXX XXXX XXXX XXXX ( " Creditor '' ), on Plaintiff 's consumer credit report maintained by Defendant Experian Information Solutions , Inc. ( Experian ).

2. Plaintiff asserts that the reported " late payment '' was inaccurate, as it does not comply with the statutory requirements of 15 U.S.C. 1666b, which mandates that certain billing disclosures be sent at least 21 days before the payment due date.

3. Plaintiff contends that the Creditor failed to provide verifiable proof that it timely mailed or delivered the required billing disclosures under 15 U.S.C. 1637b. As a result, the late payment report is erroneous, incomplete, and unlawful.

4. Plaintiff has repeatedly requested that the Creditor provide documentation or tracking information establishing that these disclosures were provided in accordance with the law. No such evidence has been produced.

5. Plaintiff 's attempts to resolve this matter through Experians dispute process have been unsuccessful, as the reinvestigation results, as evidenced by Experians dispute results document, reflect that the Account Charged Off status remained unchanged without proof of disclosure compliance.

6. Plaintiff now seeks to compel arbitration of this matter as required by any arbitration agreement to which the parties are bound. 


XXXXXXXX XXXX XXXX XXXX Plaintiff, XXXX XXXX XXXX XXXX, resides at XXXX XXXX XXXX XXXX, XXXX, MD XXXX. 


XXXX. Plaintiff maintains that a creditor, XXXX XXXX XXXX XXXX, reported Plaintiff 's payment status as " Charged Off '' for multiple months from XX/XX/XXXX through XX/XX/XXXX. This derogatory information is included on XXXX 's consumer credit report maintained by Defendant Experian.

9. Plaintiff asserts that under 15 U.S.C. 1666b, a payment can only be considered " late '' if the required disclosures are mailed or delivered at least 21 days prior to the payment due date.

10. The dispute was formally initiated with Experian, and Plaintiff demanded an explanation of the methods used to verify the reported " late payment '' pursuant to 15 U.S.C. 1681i ( a ) ( 7 ) under the Fair Credit Reporting Act ( FCRA ). 


XXXX. Plaintiff has requested that Experian require the furnishing creditor, XXXX XXXX XXXX XXXX, to provide documentary evidence of the XXXX notice under 15 U.S.C. 1637b. Experian has failed to obtain, provide, or produce such proof.

12. Plaintiff received Experians dispute results, dated XX/XX/XXXX, which state that the item was " updated '' but still reflects an " Account XXXX XXXX '' status. This status remains inaccurate and has been challenged in accordance with the dispute rights under 15 U.S.C. 1681i.

13. Plaintiff asserts that the transmission of false, inaccurate, and unverifiable information regarding his account constitutes a violation of 18 U.S.C. 1005 ( false entries or reports ) and 18 U.S.C. 1028 ( transfer or use of false identification information affecting interstate commerce ).

14. Due to Experians role as a consumer reporting agency and its contractual agreements with its users and customers, an arbitration agreement likely governs disputes between the parties. Plaintiff invokes the arbitration clause in any applicable agreement.

III. ARGUMENT A. Federal Policy Favors Arbitration 15. The Federal Arbitration Act ( FAA ), 9 U.S.C. 1, et seq., provides that arbitration agreements " shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. '' 9 U.S.C. 2.

16. Plaintiff asserts that an enforceable arbitration agreement exists between Plaintiff and Defendant Experian, which governs the current dispute.

17. Courts must rigorously enforce arbitration agreements and compel arbitration when such an agreement exists. See XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ). 


B. Plaintiff Has the Right to Compel Arbitration 18. Defendant Experian has entered into a user agreement with consumers, which generally includes a binding arbitration clause that encompasses claims related to consumer credit reporting, dispute processes, and alleged violations of the Fair Credit Reporting Act ( FCRA ).

19. The scope of this arbitration clause includes " any claim or controversy, whether based on contract, statute, or tort, arising out of or relating to this agreement or the services provided. '' Plaintiff contends that his claims against Experian fall squarely within the scope of this provision.

20. By using Experian 's services, Plaintiff was subject to the binding arbitration clause included in the terms of use governing the services. Plaintiff reserves the right to request production of the arbitration agreement and moves to compel arbitration on this basis.

C. The Scope of the Arbitration Clause Encompasses Plaintiff 's Claims 21. Plaintiff 's claims relate to Experian 's alleged failure to properly investigate Plaintiff 's dispute regarding the accuracy of the reported late payment under the Fair Credit Reporting Act, 15 U.S.C. 1681.

22. Plaintiff asserts that his claims relate to and arise from the services provided by Experian as a consumer reporting agency, which clearly fall within the scope of the arbitration agreement.

23. Plaintiff 's claims further arise under the federal statutes governing the accuracy and verification of information on consumer credit reports, as well as related obligations under Experians terms of use.

D. A Stay of Court Proceedings is Required Under 9 U.S.C . 3 24. Under 9 U.S.C. 3, if a court finds that an arbitration agreement applies, it must stay the proceedings pending completion of arbitration.

25. Plaintiff moves this Court to stay these proceedings in favor of arbitration pursuant to 9 U.S.C. 3.

IV. CONCLUSION For the reasons stated herein, Plaintiff respectfully requests that this Court : 1. Compel arbitration of Plaintiff 's claims against Defendant Experian in accordance with the Federal Arbitration Act ( 9 U.S.C. 1, et seq. ) and any binding arbitration agreement.

2. Stay the present proceedings until arbitration has been completed.

3. Grant any further relief that this Court deems just and proper. 



Respectfully submitted, XXXX XXXX, XXXX. 
Pro XXXX Plaintiff XXXX Round XXXX XXXX XXXX, MD XXXX ( XXXX ) XXXX Date : XX/XX/XXXX CERTIFICATE OF SERVICE I hereby certify that on XX/XX/XXXX, I mailed a true and correct copy of this Motion to Compel Arbitration to Defendant, Experian Information Solutions , Inc., at the following address : Experian Information Solutions , Inc . 
XXXX XXXX XXXX XXXX XXXX XXXXXXXX By : XXXX XXXX, XXXX. 
XXXX XXXX XXXX