Wolgin v. Experian Information Solutions, Inc.Annotate this Case
This consolidated appeal stemmed from a lawsuit in which Mark Wolgin sued various entities alleging wrongdoing surrounding his 2006 purchase of a condominium on the Gulf Coast. In case #2010-CA-00653-SCT, Wolgin appealed the Chancery Court's decision to dismiss two credit reporting agencies (Trans Union LLC and Experian Information Solutions, Inc. ("Experian")), finding that claims against them were preempted by the Fair Credit Reporting Act ("FCRA"). In case #2010-CA-01177-SCT, the broker for the sale, The Power Broker, Inc. ("Power Broker"), appealed the Chancery Court's decision to order discovery on the scope of the mandatory arbitration clause in the "Contract for the Sale and Purchase of Real Estate" instead of fully granting its "Motion to Compel Arbitration." Regarding Wolgin's appeal, the Supreme Court affirmed the trial court's order dismissing the credit reporting agencies, as Wolgin's claims are preempted by the FCRA. As to Power Broker's appeal, the Court reversed the trial court judgment ordering discovery and remanded the case with instructions to stay the proceedings and refer the matter to arbitration.