Consumer complaint received 2019-04-19
Company: Experian Information Solutions Inc.
State: IL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Difficulty submitting a dispute or getting information about a dispute over the phone

Complaint:
Experian is paying consumers who were damaged {$1500.00} for reporting tax liens. I attempted to file complaint online. They required ( no choice ) to agree to their unilateral terms, and their terms of service agreement follows : Terms of Use Agreement Revised XX/XX/2019 ( Please note that our Terms of Use Agreement is also referred to as the " Terms and Conditions '' ) OVERVIEW AND ACCEPTANCE OF TERMS You agree that by creating an account with XXXX  ( as defined below ), or accessing or using our Services ( as defined below ), website ( s ) ( such as this website, https : //usa.experian.com, or any affiliated website ( including, but not limited to, Experian.com,  XXXXXXXX XXXX, XXXX XXXX, XXXX, usa.experian.com, and experian.experiandirect.com ) ), or mobile applications ( such as the Experian app ), as well as any content provided or accessible in connection with the website ( s ) or mobile application ( s ), including information, user interfaces, source code, reports, images, products, services, and data ( each website and mobile application referred to herein as a " Website, '' and collectively, as " Websites '' ), you represent to XXXX that you have read, understood, and expressly consent and agree to be bound by this Terms of Use Agreement, and the terms, conditions, and notices contained or referenced herein ( " Agreement '' ) whether you are a " Visitor '' ( which means that you simply browse or access a Website ), or a " Customer '' ( which means that you have created an account with XXXX, or enrolled or registered with a Website, or are accessing or using a Service ). 



At Customer 's election, Customer may, from time to time, request to receive, and XXXX may provide, free services or services subject to a fee, whether a recurring fee or a one-time transactional fee ( each a " Service '' ) ), and Customer 's receipt and use of such Services shall, at all times, be subject to this Agreement. The term " Service '' includes, but is not limited to, the provision of any of our products and services, including credit report ( s ), credit risk score ( s ), credit monitoring, credit score monitoring and credit score tracking ( including all the data and information contained therein ),  the receipt of any alerts notifying you of changes to the information contained in your credit report ( s ),  regardless of the manner in which you receive the Services, whether by email or mail, through a website or mobile application, by telephone, or through any other mechanism by which a Service is delivered or provided to you. The term " you '' or " User '' refers to a Visitor or a Customer. For purposes of this Agreement, the terms " we, '' " us '' or " XXXX '' refer to XXXX, XXXX, an Experian company ( also known as Experian Consumer Services ), and referred to as " Experian '' on the Websites, its predecessors in interest, successors and assigns, and any of its third party service providers ( including, without limitation, cloud service providers ) who XXXX uses in connection with the provision of the Services to you. If you are a Visitor and do not wish to be bound by this Agreement,  you should immediately cease accessing and using the Websites. Notwithstanding the immediate preceding sentence, if you are a Visitor and continue to access and use a Website, by virtue of your continued access and/or use of the Website, you are indicating your acceptance of this Agreement and agreement to be bound by the terms and conditions contained herein. If you wish to become a Customer and make use of the Services, you will be prompted during the registration process to agree, and must agree, to be bound by this Agreement. 



For the avoidance of doubt, this Agreement expressly applies to : ( a ) your access to and use of the Websites ; ( b ) any and all transactions between you and XXXX through the Websites, including for the provision of any Services or of any credit, personal, financial or other information delivered as part of or in conjunction with free Services or paid Services, including any such information that may be  archived to the extent made available on the Websites, such as ( i ) for your purchase of non-membership based Services such as the 3 Bureau Credit Report and FICO Scores, the FICO Industry or other Base FICO Scores and/or an Experian Credit Report and FICO Score, ( ii ) enrollment and use of free Services ( such as EXPERIAN XXXX Basic ), and/or enrollment, purchase and use of membership based Services ( such as EXPERIAN XXXX XXXX, Experian XXXX, or Experian XXXX XXXX XXXX ; and ( iii ) your access to and use of calculators, credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto contained in the Websites. 



You may not browse the Websites, or create an account or register with XXXX, or use or enroll in any Services, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with XXXX. If you accept this Agreement, you represent that you have the capacity to be bound by it. Before you continue, you should print or save a local copy of this Agreement for your records. 



THE SERVICES AND WEBSITES ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF, ORDER OF, USE OF, AND/OR ACCESS TO, THE SERVICES AND WEBSITES CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE, ACCESS OR ORDER ANY SERVICE OR ACCESS OR USE THE WEBSITES. IF YOU HAVE ALREADY BEGUN ACCESSING OR USING THE SERVICES AND/OR WEBSITES AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, IMMEDIATELY CEASE USING THE SERVICE OR WEBSITE AND/OR DISCARD ANY INFORMATION OR PRODUCTS YOU RECEIVED VIA ANY SERVICE OR WEBSITE ( TO THE EXTENT APPLICABLE ), AND CALL CUSTOMER CARE AT XXXX TO CANCEL YOUR ACCOUNT WITH XXXX. NOTE, YOU MAY ALSO BE ABLE TO DEACTIVATE YOUR PAID SERVICE AND RETAIN YOUR ACCOUNT WITH ECS ONLINE, AS AND TO THE EXTENT EXPLAINED IN FURTHER DETAIL BELOW. 



PERMISSIBLE PURPOSE AND CONSENTS You understand and agree that, by establishing an account with XXXX, or submitting your order or enrolling for any Service ( including an order for a Service that includes enrollment of your minor child in such Service ), you have provided " written instructions '' in accordance with the Fair Credit Reporting Act, as amended ( " FCRA '' ), for XXXX, and its service provider, XXXX XXXX, an Experian company ( " XXXX '' ), to obtain your credit report and/or credit score ( s ) ( or the credit report or credit score ( s ) of any minor children whom you have enrolled in a Service ) on a recurring basis to provide them to you while you have an account with XXXX, and such information may be obtained by Experian Information Solutions , Inc. ( " Experian Credit Bureau '' ) or any other credit reporting company. You understand and agree that, pursuant to such authorization, XXXX, and its service provider, XXXX, may access your credit profile ( and those of any minor children whom you have enrolled in a Service ), including without limitation, your credit report, credit score ( s ) and other related information, to, among other things, verify your identity ( or those of any minor children whom you have enrolled ) and to provide credit monitoring, credit scoring, credit score monitoring and tracking, identity monitoring, alerts for, among other things, dormant accounts, new accounts, inquiries, other changes to information contained in your credit report, fraud resolution, or card registry products. You understand and agree that XXXX, and its service provider, XXXX, may, from time to time, provide products, services, features and/or functionality to you, and that they shall be offered pursuant to the same authorization that you provided to XXXX  for XXXX  to obtain your credit report and/or credit score ( s ) on a recurring basis to provide them to you to review while you have an account with XXXX. 



You further understand and agree that, by establishing an account with XXXX, or submitting your order or enrolling for any Service, you have provided " written instructions '' in accordance with the FCRA for XXXX to obtain and use the information you have provided, and your credit report and/or credit score ( s ) to notify you of credit opportunities and other products and services that may be available to you through XXXX or through unaffiliated third parties ( as explained in the section below entitled " General Description of Services '' ). In addition, you further understand and agree that, if you request certain loan offers as part of any Service, such as prequalified personal loan offers, you are authorizing XXXX   to send your information to lending partners on your behalf, and have provided " written instructions '' in accordance with the FCRA to such lending partners to obtain information from your personal credit profile or other information from one or more consumer reporting agencies, such as XXXX, Experian or XXXX, solely to prequalify you for credit options, offers or other credit opportunities, including prequalified personal loan offers, and to share such credit opportunities with XXXX. 



You understand and agree that XXXX receives compensation for the marketing of credit opportunities or other products or services available through third parties, and that this compensation may impact how and where such credit opportunities, products or services appear on a Website ( including, for example, the order in which they appear ). You further understand and agree that many but not all credit opportunities available through third parties, such as prequalified credit and personal loan offers, may be made available to you in a Service, and such Service will not include all credit opportunities available through third parties. Please note that prequalification for a credit opportunity available through a third party does not guarantee approval, and you will need to submit an application with such third party if you choose to apply for a prequalified offer ( and such application may result in a credit inquiry that can impact your credit score ( s ) ). 



You further understand and agree that, by using the Experian Boost Service or other Services using Linked Accounts ( as defined below, including Financial Management Tools ), you ( i ) authorize XXXX   and its service provider ( s ), including XXXX, to gain recurring access to your financial account ( s )  to obtain, use and store financial transactions ( " Consumer Consent Transaction Data '' ) to add and maintain transactions ( e.g. addition of certain utility and mobile telecom bill payment history ) to your Experian credit file, and if you elect to use Financial Management Tools for XXXX to monitor and provide alerts and insights for your financial transactions for your own review ( if Financial Management Tools are made available to you ) ; and ( ii ) designate XXXX, and its service provider ( s ), including XXXX, as your agent ( s ), and have provided " written instructions '' in accordance with the FCRA, to add and maintain information to your Experian credit file using Consumer Consent Transaction Data, and such information may be provided on your behalf by XXXX to the Experian Credit Bureau, and may be used and stored by the Experian Credit Bureau for any purposes lawfully permitted by the FCRA ( e.g. use in lending decisions of certain utility and mobile telecom bill  payment history added to your Experian credit file using Experian Boost ), and/or to the same extent as any other information furnished to the Experian Credit Bureau for inclusion in your Experian credit file. 



AMENDMENTS This Agreement may be updated from time to time. You should check this Website regularly for updates to this Agreement. Each time you order, access or use any of the Services or Websites, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement. Modifications take effect as soon as they are posted to this Website ( or any of the Websites, to the extent applicable to you ), delivered to you, or reasonably made available to you in writing by XXXX. However, no unilateral amendment will retroactively modify the parties ' agreed-to dispute resolution provisions of this Agreement for then-pending disputes, unless the parties expressly agree otherwise in writing. In all other respects, any modification or update to the arbitration provision shall be governed by subsection ( g ) of the Agreement 's " Dispute Resolution By Binding Arbitration '' Section below. 



MODIFICATION OF SERVICES OR WEBSITES XXXX may, at its discretion, modify or discontinue any of the Services or Websites, or any portion thereof, with or without notice. You agree that XXXX  will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Service or Websites. 



GENERAL DESCRIPTION OF SERVICES The Services and Websites are meant to provide you a means to review your personal finance and/or credit information for educational purposes only, and to manage if and to the extent you so choose, and may notify you of credit opportunities and other products and services that may be available to you through XXXX or through third parties ( such as, among other things, advertisements or offers for available credit cards, loan options, financial products or services, or credit related products or services and other offers to Customers, the ability to track and collect certain consumer information specific to you, including but not limited to, credit score, loan and credit card monthly payment, total amount and interest rates ). The Services and Websites are meant for your personal use only. The Services and Websites may also provide you other third-party product information, such as the availability of loans and other financial products or services, or credit related products or services ( including credit repair or other credit education services ). This includes receiving offers free of charge for various credit or other financial products or services based upon your self-identified credit attributes ( and/or your consumer report or credit score ). These offers may also be generic and may not contain offers based on information specific to you. 



We will identify those Services that are provided to you free of charge. Some of the Services ( including Experian XXXX XXXX, Experian XXXX, or Experian XXXX ) may require a fee at the time of Service purchase or enrollment, such as membership Services that require the payment of an ongoing fee for XXXX 's provision of such Services. By purchasing such Services and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee for paid Services, including any method offered or used through a mobile application. Furthermore, you agree and authorize us to, for time to time : ( i ) submit a transaction using the card information provided, ( ii ) in the case of automatic recurring transactions, submit a transaction on a recurring basis ( e.g., monthly or annual basis ) for membership renewals, ( iii ) if necessary, obtain updates from card issuers for cards provided to us, ( iv ) if necessary, bill you,  in a prorated manner ( as required ), in accordance with the particular fee terms for the Service you are purchasing or enrolling in, including if you are transitioning between free or paid Services ( or vice versa ), when a recurring basis transaction is at issue, and ( v ) if necessary ( and applicable ) bill your mobile carrier or others via a mobile application if you authorize us to do so. You may cancel your subscription or enrollment for an ongoing paid Service at any time by calling Customer Care or by using any other method specified on the Websites or in the customer membership center. 



For the sake of clarity, if at any time while you have an account with XXXX, you decide to cancel your membership in a paid Service, you will be automatically enrolled in a free Service, as the cancellation of the paid Service will not cancel your account with XXXX unless you so indicate. To de-activate your account in its entirety and no longer receive the free Service, you must de-activate your account by contacting Customer Care ( or logging into your online account to deactivate your account, if available ) and expressly de-activating your account to no longer receive such free Service. In all events, your account with XXXX, ( including your access to and use of any Services ( whether free or paid ) and Websites, and regardless of whether you upgrade or downgrade any Services while maintaining your account ), shall be governed by this Agreement ( and the terms and conditions contained herein ). 



You acknowledge and agree that XXXX ( including its Services and/or Websites ) has not and does not provide you ( or any minor child enrolled in a Service ) legal, tax, financial, or other advice ( including, without limitation, advice on how to improve or repair your credit or credit scores ), and that its Services and/or Websites are not designed or intended to provide any such advice. As discussed above, and for your convenience, we may provide links to various other third party websites that may be of interest to you. The third party offers or links that may be displayed on a Website are from third party companies from which XXXX  may receive compensation. Compensation may impact how, where or whether a third party product, service or link appears on a Website. There may be other offers generally available to you ( including those available in the marketplace ) that are not available to you on our Websites. XXXX  does not make any guarantee or imply approval for any particular offer or opportunity made on our Websites. Further, XXXX  does not represent, warrant or guarantee any level of potential savings or other benefit should you choose to apply for a particular offer. Any suggestion or representation of possible savings are for illustrative purposes only and may vary based on your individual financial circumstances and the terms made available to you by the applicable issuer or lender. XXXX disclaims all liability for any errors or omissions in any express or implied suggestions or representations related to possible savings made by XXXX or its marketing partners. For complete information on any particular offer, see the terms and conditions on the issuer or lender 's website. Once you click apply for any offers, you will be directed to the issuer or lender 's website where you may review the terms and conditions of the applicable opportunity or offer before applying. 



While XXXX  uses reasonable efforts to present the most accurate information, we show a summary to help you choose a third party service, not the full legal terms. XXXX does not control or endorse such websites and is not responsible for their content, nor is it responsible for the accuracy or reliability of any information, data, opinions, offers, advice, or statements contained within such websites, nor can XXXX guarantee your eligibility to take advantage of any of the information, data, opinions, offers, advice or statements contained within those websites. Please carefully read the terms and conditions or terms of use policies of any other third party company or website you may link to from our Websites. If you decide to access any of the third party sites linked to the Websites, you do so at your own risk. XXXX reserves the right to terminate any link or linking program at any time. XXXX disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such third party websites. 



ACCOUNT WITH ECS ; USE OF THE SERVICES In consideration of your account with XXXX, and/or your order of, access to, and/or use of any Service or Website, you agree to provide true, accurate, complete and current information about yourself and any minor children you are enrolling, or have enrolled, in any Service, when prompted to do so by the registration and application forms or requested to do so by XXXX. If any information you provide is untrue, inaccurate or not current, or if XXXX has reasonable grounds to suspect that such information is untrue, inaccurate or not current, XXXX, at its sole discretion, has the right to suspend or terminate your account, or order of, use of, and/or access to, any Service or Website, and refuse all current or future orders of, use of, and/or access to, any Service or Website, or suspend or terminate any portion thereof. You acknowledge and agree that XXXX may, in its sole discretion, retain any information you provide to it or generated by XXXX   ( or its affiliates/suppliers ) while you have an account with XXXX, including any information about you ( or any minor child you are enrolling, when enrolling in any Service ) and any credit card or payment or other information obtained in connection with your account and/or the provision of any Service. If XXXX   does retain any such information, you acknowledge it is not obligated to retain that information for any specified period of time. 



DISPUTE RESOLUTION BY BINDING ARBITRATION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. 



SUMMARY : MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER 'S SATISFACTION BY CALLING XXXX 'S CUSTOMER CARE DEPARTMENT AT XXXX. IN THE UNLIKELY EVENT THAT XXXX 'S CUSTOMER CARE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING A SERVICE OR WEBSITE TO YOUR SATISFACTION ( OR IF XXXX HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY ), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS ; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. XXXX  WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND ECS WILL BE ENTITLED TO RECOVER ATTORNEYS ' FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT. 



Arbitration Agreement : ( a ) XXXX and you agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the Services or Websites to the maximum extent permitted by law, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of any Service and/or your use of any Website subject to arbitration to the fullest extent permitted by law.. The agreement to arbitrate includes, but is not limited to : claims arising out of or relating to any aspect of the relationship between us arising out of any Service or Website, whether based in contract, tort, statute ( including, without limitation, the Credit Repair Organizations Act ) fraud, misrepresentation or any other legal theory ; claims that arose before this or any prior Agreement ( including, but not limited to, claims relating to advertising ) ; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class ; and claims that may arise after the termination of this Agreement. 



For purposes of this arbitration provision, references to " XXXX, '' " you, '' and " us '' shall include our respective parent entities, subsidiaries, affiliates ( including, without limitation, our service provider, XXXX ), agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of Services and/or Websites or information under this or prior Agreements between us relating to Services and/or Websites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and XXXX are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the XXXX XXXX XXXX governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.

( b ) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ( " Notice '' ). The Notice to XXXX  should be addressed to : General Counsel, Experian, XXXX XXXX XXXX, XXXX XXXX, CA XXXX ( " Notice Address '' ). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from XXXX ( " Demand '' ). If XXXX and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or XXXX may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by XXXX or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or XXXX is entitled. 



You may obtain more information about arbitration from www.adr.org. 



( c ) After XXXX  receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. ( The filing fee currently is {$200.00} for claims under {$10000.00}, but is subject to change by the arbitration provider. If you are unable to pay this fee, XXXX will pay it directly upon receiving a written request at the Notice Address. ) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes ( collectively, " XXXX Rules '' ) of the XXXX XXXX XXXX ( " XXXX '' ), as modified by this Agreement, and will be administered by the XXXX. If the XXXX is unavailable or refuses to arbitrate the parties ' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties can not agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the XXXX XXXX XXXX. In all events, the XXXX Rules shall govern the parties ' dispute. The XXXX Rules are available online at www.adr.org, by calling the XXXX at XXXX, or by writing to the Notice Address. The XXXX Rules may change from time to time, and you should review them periodically. 



All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement 's other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless XXXX and you agree otherwise, any arbitration hearings will take place in the county ( or parish ) of your billing address. If your claim is for {$10000.00} or less, we agree that you may choose whether the final arbitration hearing will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the XXXX Rules. If your claim exceeds {$10000.00}, the right to a hearing will be determined by the XXXX Rules. Except as otherwise provided for herein, XXXX will pay all XXXX filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose ( as measured by the standards set forth in Federal Rule of Civil Procedure 11 ( b ) ), then the payment of all such fees will be governed by the XXXX Rules. In such case, you agree to reimburse XXXX for all monies previously disbursed by it that are otherwise your obligation to pay under the XXXX Rules. 



( d ) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the XXXX Rules. 



( e ) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the XXXX Rules. 



( f ) YOU AND ECS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and XXXX   agree otherwise, the arbitrator may not consolidate more than one person 's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party 's individual claim. If this specific subparagraph ( f ) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph ( f ) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph ( f ) enforced. Any claims not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration. 



( g ) Notwithstanding any provision in this Agreement to the contrary, we agree that if XXXX makes any change to this arbitration provision ( other than a change to the Notice Address ) during your membership in any Service, including credit monitoring, or subsequent to your purchase of any Service, you may reject any such change and require XXXX to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Service by providing Notice to XXXX at the Notice Address above prior to initiating your dispute. 



FCRA DISCLOSURES The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with non-monetary relief