Jackson v. Experian Information Solutions
Angela Jackson v. Experian Information Solutions, Inc.; Equifax Information Services, LLC; Trans Union LLC; Portfolio Recovery Associates LLC
- John Tunheim
- 0:25-cv-00730
- U.S. District Court · District of Minnesota
- 8
In Jackson v. Experian Information Solutions, Judge Tunheim granted Experian's motion to compel arbitration, finding that Jackson agreed to arbitrate by clicking 'Create Your Account' during CreditWorks enrollment.
Consumers who sign up for online credit monitoring services and click buttons accepting terms of use that include arbitration clauses, particularly those with claims under the Fair Credit Reporting Act against Experian or its affiliates.
What happened
In Angela Jackson v. Experian Information Solutions, Inc. et al., plaintiff Angela Jackson sued several defendants — including Experian Information Solutions, Inc. and Portfolio Recovery Associates LLC — alleging violations of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. After dismissing her claims against two other defendants, she faced Experian's motion asking the court to send her claims to private arbitration rather than allowing the lawsuit to proceed in court.
The key dispute was whether Jackson had agreed to arbitrate her claims when she signed up for CreditWorks, a credit monitoring service offered by an Experian affiliate. When enrolling, Jackson completed a webform that included a notice — placed directly above the 'Create Your Account' button — stating that by clicking the button she accepted the Terms of Use Agreement, which included an arbitration clause. The Terms of Use were hyperlinked in bold blue text. Experian supported its motion with a declaration from its Director of Product Operations explaining the enrollment process. Jackson challenged both the admissibility of that declaration and whether clicking the button was enough to show she agreed to arbitrate.
Judge Tunheim granted Experian's motion to compel arbitration. The court found the declaration admissible because the declarant had personal knowledge of the enrollment process through his job duties and review of business records. The court also found that Jackson's click on 'Create Your Account' constituted valid assent to the arbitration clause under Minnesota contract law, because the notice and hyperlink to the Terms of Use were clear and conspicuous. The case is now stayed — meaning paused — as to Jackson's claims against Experian pending the outcome of arbitration, while her claims against Portfolio Recovery Associates LLC remain in court.
The detailed version
- Jackson v. Experian Information Solutions · No. 0:25-cv-00730
- John Tunheim
- Mar. 23, 2026
Background
Plaintiff Angela Jackson filed suit against Experian Information Solutions, Inc. ("Experian"), Equifax Information Services, LLC, Trans Union LLC, and Portfolio Recovery Associates LLC ("Portfolio"), alleging violations of the Fair Credit Reporting Act ("FCRA") — a federal law governing how consumer credit information is collected and reported — and alleging that Portfolio also violated the Fair Debt Collection Practices Act ("FDCPA"). Jackson subsequently dismissed her claims against Equifax and Trans Union, leaving Experian and Portfolio as the remaining defendants.
On January 25, 2021, Jackson enrolled in CreditWorks, a credit monitoring service provided by Experian Consumer Services ("ECS"), an Experian affiliate. Enrollment required completing a single webform that asked for personal information and a password. Directly above the "Create Your Account" button, a disclosure stated: "By clicking 'Create Your Account': I accept and agree to your Terms of Use Agreement, as well as acknowledge receipt of your Privacy Policy." The phrase "Terms of Use Agreement" appeared in bold, blue, hyperlinked text. The Terms of Use contained an arbitration clause requiring that claims against ECS (defined to include its affiliates) arising out of the agreement or related to CreditWorks membership be resolved through binding arbitration.
Experian moved to compel arbitration under the Federal Arbitration Act ("FAA"), 9 U.S.C. § 3, which allows a party to seek a court order requiring a dispute to be resolved in arbitration rather than in court. Experian supported its motion with a declaration from Dan Smith, Director of Product Operations for ConsumerInfo.com, Inc. (which does business as ECS). Portfolio took no position on the motion but requested that Jackson's claims against it remain in court regardless of the outcome.
Legal Standards
On a motion to compel arbitration, the court does not decide the merits of the underlying dispute; it only determines whether the parties agreed to submit the dispute to arbitration. The party seeking arbitration bears the burden of proving a valid and enforceable agreement. Federal law and policy favor enforcing arbitration agreements. Whether a valid agreement exists is governed by state contract law — here, Minnesota law, which the parties agreed applied. Under Minnesota law, contract formation requires mutual assent judged by an objective standard — that is, by a party's outward conduct, not subjective intent.
Analysis
Admissibility of the Smith Declaration
Federal Rule of Civil Procedure 56(c)(4) requires that declarations relied on in connection with motions be made on personal knowledge. Jackson argued Smith lacked sufficient personal knowledge to make the statements in his declaration. The court rejected this argument, relying on Jones v. Experian Info. Sols., Inc., Civ. No. 23-3887, 2025 WL 227198, at *2 (D. Minn. Jan. 7, 2025), a case with similar facts in which Smith also submitted a declaration. Smith attested that his job duties as Director of Product Operations required familiarity with the CreditWorks enrollment process, the webpages consumers encounter, and the governing Terms of Use. His knowledge was based on information learned through his job and review of business records. The court found this sufficient, noting that Jackson provided no Eighth Circuit authority requiring Smith to identify specific documents he relied upon. The declaration was therefore admitted and considered.
Mutual Assent — Clickwrap Agreement
The court characterized the CreditWorks enrollment process as a "clickwrap agreement" — a type of online contract in which a user proceeds only by clicking a button that affirmatively accepts stated terms. Under Eighth Circuit precedent, a click in this context represents assent to the contract, including any arbitration clause.
Jackson relied on Sgouros v. TransUnion Corporation, 817 F.3d 1029, 1036 (7th Cir. 2016), in which the Seventh Circuit found that an Experian website failed to provide sufficient notice of contractual terms. The court distinguished Sgouros, noting that in that case the webpage did not direct users to the full agreement or inform them they were agreeing to contractual terms. Here, the notification and hyperlink to the Terms of Use were described as clear, conspicuous, placed next to one another, and not buried in small font at the bottom of the page — features the court found sufficient to establish notice under Minnesota law.
The court found that Experian presented evidence that Jackson was notified of the Terms of Use, including the arbitration clause, and that she agreed to be bound by clicking "Create Your Account." Jackson provided no evidence to the contrary.
Disposition
The court granted Experian's motion to compel arbitration. The litigation between Jackson and Experian is stayed (paused) pending arbitration. Jackson and Experian are required to file a joint status report within 30 days after a final arbitration order is entered. Jackson's claims against Portfolio Recovery Associates LLC remain pending in court.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.