It can. If you signed a contract with an enforceable arbitration clause, such as a credit card or loan agreement, the company may be able to require arbitration of FCRA claims covered by it. Whether a clause applies depends on its wording and on who is being sued.
The Federal Arbitration Act makes a written arbitration provision in a contract involving commerce “valid, irrevocable, and enforceable,” except on grounds that exist at law or in equity for revoking any contract (9 U.S.C. § 2). Courts enforce these clauses for many kinds of federal claims, and the FCRA does not contain a general ban on arbitrating consumer claims.
When it may apply
- Furnishers. Lenders, card issuers, and servicers often include arbitration clauses in account agreements. If you sue one of them under the FCRA, it may move to compel arbitration.
- Credit bureaus and screening companies. You usually do not have a contract with a credit bureau just because it reports about you. But if you signed up for a product, such as a credit monitoring service, its terms may contain an arbitration clause, and the company may argue that clause covers your claim.
Questions courts look at
- Did you agree to the contract containing the clause?
- Does the clause cover this type of claim and this defendant?
- Is there a recognized contract defense, such as unconscionability, that applies under state law?
- Has the company waived arbitration by litigating in court?
Class action waivers
Many arbitration clauses also bar class actions. In AT&T Mobility v. Concepcion (2011), the Supreme Court held that the FAA preempted a state rule that treated many consumer class waivers in arbitration agreements as unconscionable. As a result, class waivers in arbitration agreements are often enforced.
What arbitration means for you
Arbitration is a private process with an arbitrator instead of a judge or jury. Your FCRA rights and remedies generally still apply, but procedures, discovery, and costs can differ, so read the clause carefully.
Before deciding how to proceed, a free case review can help evaluate any arbitration clause, with no fee unless we win.
Related
Sources
- 9 U.S.C. § 2, Federal Arbitration Act (Cornell LII)
- AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011) (Cornell LII)
- 15 U.S.C. § 1681p (Cornell LII)
Updated November 2026. This page is general information, not legal advice.