In Wold v. Dell Financial Services, L.P., 2009 WL 397235 (D.Minn. 2009), Judge Davis ordered a FCRA claim to arbitration due to an arbitration clause contained in Dell’s computer purchase agreement.
Wold argues that the arbitration clause at issue in this case is unconscionable because, if enforced, it would require him to take his federally-protected claims to arbitration rather than getting the opportunity to bring them in a federal court. This argument overlooks the reality that courts across the country have enforced arbitration clauses in connection with claims brought under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq. See e.g ., Heiges v. JP Morgan Chase Bank, N.A., 521 F.Supp.2d 641 (N.D.Ohio 2007) (compelling arbitration of FCRA claims under arbitration clause in credit card agreement).