Meeks at al. v. Consumer Adjustment Company, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ELETTRA MEEKS, et al., Case No. 21-cv-03266-VC

Plaintiffs,

ORDER DENYING MOTION TO

v. COMPEL UPON RECONSIDERATION

EXPERIAN INFORMATION Re: Dkt. Nos. 20, 54 SOLUTIONS, INC., et al., Defendants.

When the plaintiffs signed up for the CreditWorks service, they agreed to its Terms of Use, which contained an arbitration clause. Experian Information Solutions (Experian) attempted to enforce this arbitration clause against the plaintiffs, but its motion was denied because it was not a party to the underlying contract. Upon reconsideration, the Court reaffirms its prior holding. Experian’s motion to compel arbitration is denied. I On August 31, 2021, the Court denied Experian’s motion to compel arbitration. The Court found that Experian was not a party to the relevant contract—the CreditWorks Terms of Use—and therefore could only enforce its arbitration clause as a third-party beneficiary. But Experian had forfeited the argument that it was a third-party beneficiary. On September 7, 2021, Experian filed a motion for leave to file a motion for reconsideration, arguing that the…