How to Sue Experian

Looking to sue Experian? Small claims court is an option, and you may have others…

So you’re looking to sue Experian?

At FairShake we’ve helped thousands of people ripped off by big companies like Experian. And we’ve helped get millions of dollars in settlement offers

[continued below]

Share your Experian complaint

Get Started Now

Tired of hitting dead ends when trying to get a refund from Experian? Feeling like there’s nowhere to turn?

You’re not alone. It seems like many people have tried all the Experian customer service options, but still feel unheard.

There are different ways to file a complaint against Experian, but none have the same power and leverage as taking legal action.

So, if you’re thinking of suing Experian, where do you even start? You might expect there to be tons of class action lawsuits against them, but it’s often more complicated than that.

What many people don’t know is that hidden clauses buried deep within their contracts frequently allow companies like Experian to push legal claims into the private realm of consumer arbitration, away from conventional courts.

But here’s the thing: your Experian contract doesn’t have the power to take away your right to pursue legal action by suing them.

Here’s what you can do…

Two options to Sue Experian:

  • Consumer Arbitration: This involves accessing an official and independent dispute resolution process that is not a court. It provides an opportunity to seek compensation for your complaint without the need to appear in person. For many, this can be a preferable option.

    To find out if you can take Experian to arbitration, you can check your contract or user agreement with them. Many companies’ standard contract are available on their websites. You can do a search for “arbitration” arbitration within the contract text — it is usually mentioned near the very top of a contract.

    Learn more about the consumer arbitration process here.

  • Small Claims Court: If you prefer to avoid the arbitration system, you can opt for Small Claims Court. You should know that the procedures for Small Claims Court may vary depending on your jurisdiction.

    Taking Experian to Small Claims Court will typically involve appearing in person and completing necessary forms.

If you’re ready to sue Experian in Small Claims Court, read on below:

Taking Experian to Small Claims Court Step-by-Step


Do you qualify to sue Experian in small claims court?

Just because you are ready to sue Experian in small claims court doesn’t mean your case qualifies. Small claims courts are only for certain types of claims. There are two things you need to pay attention to:

  1. The amount of money: Every small claims court sets a maximum dollar size for the claim you can bring. In most states it’s either $5000 or $10,000, but it can be as low as $2,500 (in states like Kentucky and Rhode Island). You can find a list of all 50 states’ monetary limits here.
  2. The type of relief: There are two types of awards that you can seek in a traditional lawsuit – monetary (a dollar value payment) and equitable (any non-monetary request) but in most small claims courts can only grant monetary awards which means you can only ask for money.

If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.


Send a demand letter

It’s always good to ask nicely, and that’s precisely what most small claims courts think too. They require that you ask the person you’re suing (the “defendant”) to fix your problem voluntarily before you file your claim. So if you want to sue Experian in small claims court, you need to send them a demand letter first.

This doesn’t have to be a big, complicated letter, just a straightforward (and short) one telling Experian who you are (your name, address, phone number and account number), what the problem is, and what you want from them. It is just important that you do it at all, otherwise you can’t move on to the next step (legally).

When you’re done writing, you need to mail a hard copy of the letter, preferably as certified mail or some other service that allows you to confirm delivery, to their legal address. According to our most recent research, Experian is legally based in Ohio and receives mail at this address:


If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.


Fill out court forms.

In order to sue Experian in small claims court, you’re going to need to fill out some paper work. That paperwork requirement varies based on location (state and sometimes county) but you can find the documents you need on your state court website.

Make sure you fill out enough forms too because most states that require you to file forms by mail or in-person with 3 or 4 copies. If you don’t enough, you won’t be filing your claim today.


File the forms with your court.

When you’re done filling out the court forms, it’s time to give those forms to the court which is called “filing” because that court puts it on file. This is a highly specific process and varies by court.

Many courts will require you to physically come to the courthouse during specific hours and days to hand-deliver the forms to the court’s clerk. Other courts may allow you to file by mail, fax or (for a few courts) online, but be prepared to drive to your court house in person.

Once there, you will need to pay a small courts fee before you can sue Experian. The amount should be on your state court website in the same place as the forms you had to file.

When you file your forms, the court clerk will provide you with a stamped copy of the forms and a court date. Keep it safe and bring it with you on the court date.


“Serve” your forms to Experian.

Just as you asked them nicely with the demand letter to fix it, now you are telling them nicely that you are suing them because they didn’t fix it it.

This is a called “serving” Experian. To do this, you need to deliver a copy of your filed papers to Experian.

Look at your court’s website for instructions on how to properly deliver your forms to Experian, or search for “[your state] small claims service of process”. Each rule must be followed in order to sue Experian and not have your case thrown own. Even neglecting a single rule can result in the courts dropping your case and you walking home with nothing.


Show up for court.

Remember that court date you were given? Now it’s time to go.

Bring your copy of your filed forms, and any other evidence that backs up your case against Experian.

Sometimes, Experian will not show up to oppose you. If that happens, take advantage of the situation to focus on your side of the story.

Ready to sue Experian in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…

FairShake helps put the power back in your hands

Learn More