Soriano v. Experian Information Solutions, Inc., 2:22-cv-00197

In 2021 Soriano enrolled in Experian’s online CreditWorks service; the enrollment agreement contained a broad arbitration clause covering disputes arising from the services or websites.
Soriano alleges Experian reported false information on his credit report that lowered his score and prevented a mortgage, so he sued under the Fair Credit Reporting Act.
For nearly six months after suit was filed, Experian answered, exchanged written discovery, attended mediation, and filed a case management report requesting a jury trial without mentioning arbitration.
Months into litigation Experian moved to compel arbitration, arguing the CreditWorks arbitration clause (though Soriano is the signatory) covers his claims and also moved to stay discovery pending resolution.
Soriano conceded he signed the CreditWorks agreement but argued his claims do not arise from that agreement and, alternatively, that Experian waived any right to arbitrate by substantially litigating the case.
The Court denied Experian’s motion to compel arbitration and denied the motion to stay as moot, finding Experian waived the right to arbitrate by its litigation conduct.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of arbitration agreement	Soriano does not dispute a CreditWorks arbitration clause exists	Experian relies on the signed arbitration clause	Agreement exists as to Soriano and CreditWorks (not disputed)
Arbitrability – do Soriano’s FCRA claims fall within the CreditWorks clause?	Claims do not arise out of or relate to the CreditWorks agreement	Clause is broadly written and covers disputes relating to services or use of websites, covering Experian’s conduct	Court avoided deciding this narrow question because waiver resolved the dispute
Waiver of right to arbitrate	Experian substantially litigated and thus waived arbitration; Soriano would be prejudiced	Experian’s pre-arbitration activity constituted routine litigation steps not amounting to waiver; Bennett differs because arbitration was pled as an affirmative defense there	Court held Experian waived arbitration: its six months of litigation conduct (answers, discovery, mediation, case management report requesting jury trial) was inconsistent with intent to arbitrate and gave no fair notice
Motion to stay discovery pending arbitration ruling	NA	Stay sought as contingent on compelling arbitration	Motion to stay denied as moot because motion to compel arbitration was denied

First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938 (1995) (arbitration is a matter of contract; courts assess contractual consent)
Ivax Corp. v. B. Braun of Am., Inc., 286 F.3d 1309 (11th Cir. 2002) (arbitration rights, like other contract rights, may be waived)
In re Checking Account Overdraft Litigation, 754 F.3d 1290 (11th Cir. 2014) (articulated Eleventh Circuit two‑part waiver test: substantial participation and prejudice)
Stone v. E.F. Hutton & Co., 898 F.2d 1542 (11th Cir. 1990) (party asserting waiver bears a heavy burden)
Morgan v. Sundance, Inc., 142 S. Ct. 1708 (2022) (Supreme Court rejected arbitration‑specific procedural rules; waiver must be judged like other contract waivers)
Morewitz v. West of England Ship Owners Mut. Prot. & Indem. Ass’n (Luxembourg), 62 F.3d 1356 (11th Cir. 1995) (substantial participation standard for waiver in arbitration context)
Gutierrez v. Wells Fargo Bank, N.A., 889 F.3d 1230 (11th Cir. 2018) (fair notice of intent to arbitrate to opposing party and court is central to waiver analysis)