Rubio v. Experian Information Solutions, Inc.

Summary

The court grants Experian Information Solutions, Inc.’s motion to compel arbitration of Lorena Rubio’s claims under the Fair Credit Reporting Act and California Consumer Credit Reporting Act. The court concludes that the CreditWorks agreement clearly and unmistakably delegates arbitrability questions to the arbitrator and stays the action pending arbitration.

Holdings

1. The CreditWorks agreement clearly and unmistakably delegated arbitrability questions, including the scope and enforceability of the arbitration provision, to the arbitrator.
2. The court could not decide Rubio’s challenge to the arbitration agreement as a whole because she did not specifically challenge the delegation provision itself.
3. The motion to compel arbitration was granted, and the action was stayed pending completion of arbitration.

Questions Presented

1. Whether the CreditWorks agreement clearly and unmistakably delegated questions concerning the scope and enforceability of the arbitration provision to the arbitrator.
2. Whether Rubio specifically challenged the delegation provision so that the court could decide her unconscionability objection.
3. Whether the action should be compelled to arbitration and stayed pending arbitration.

Disposition

remanded