Looking to sue Experian? Small claims court is an option, and you may have others…
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…
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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…
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.
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:
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:
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.If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.
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:
EXPERIAN INFORMATION SOLUTIONS, INC.
C/O CT CORPORATION SYSTEM
4400 EASTON COMMONS WAY
SUITE 125
COLUMBUS OH 43219
If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.
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.
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.
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.
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…
Get justice when a business lets you down:
FairShake’s Ultimate Guide to Consumer Complaints
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