Justice SCALIA delivered the opinion of the Court.
We consider whether the Credit Repair Organizations Act (CROA), 15 U.S.C. § 1679 et seq., precludes enforcement of an arbitration agreement in a lawsuit alleging violations of that Act.
Respondents are individuals who applied for and received an Aspire Visa credit card marketed by petitioner CompuCredit Corporation and issued by Columbus Bank and Trust, now a division of petitioner Synovus Bank. In their applications they agreed to be bound by a provision which read: "Any claim, dispute or controversy (whether in contract, tort, or otherwise) at any time arising from or relating to your Account, any transferred balances or this Agreement (collectively, `Claims'), upon the election of you or us, will be resolved by binding arbitration...." App. 62.
In 2008, respondents filed a class-action complaint against CompuCredit and Columbus in the United States District Court for the Northern District of California, alleging, as relevant here, violations of the CROA. The claims largely involved the defendants' allegedly misleading representation that the credit card could be used to rebuild poor credit and their assessment of multiple fees upon opening of the accounts, which greatly reduced the advertised credit limit.
The District Court denied the defendants' motion to compel arbitration of the claims, concluding that "Congress intended claims under the CROA to be non-arbitrable." 617 F.Supp.2d 980, 988 (2009). A panel of the United States Court of Appeals for the Ninth Circuit affirmed, Judge Tashima dissenting. 615 F.3d 1204 (2010). We granted certiorari, 563 U.S. ___, 131 S.Ct. 2874, 179 L.Ed.2d 1187 (2011).
The background law governing the issue before us is the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., enacted in 1925 as a response to judicial hostility to arbitration. AT&T Mobility LLC v. Concepcion, 563 U.S. ___, ___, 131 S.Ct. 1740, 1745, 179 L.Ed.2d 742 (2011). As relevant here, the FAA provides:
This provision establishes "a liberal federal policy favoring arbitration agreements." Moses H. Cone Memorial Hospital v. Mercury Constr. Corp., 460 U.S. 1, 24, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983). See also, e.g., Concepcion, supra, at ___, 131 S.Ct., at 1745; Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 25, 111 S.Ct. 1647, 114 L.Ed.2d 26 (1991). It requires courts to enforce agreements to arbitrate according to their terms. See Dean Witter Reynolds Inc. v. Byrd, 470 U.S. 213, 221, 105 S.Ct. 1238, 84 L.Ed.2d 158 (1985). That is the case even when the claims at issue are federal statutory claims, unless the FAA's mandate has been "overridden by a contrary congressional command." Shearson/American Express Inc. v. McMahon, 482 U.S. 220, 226, 107 S.Ct. 2332, 96 L.Ed.2d 185 (1987). See also Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 628, 105 S.Ct. 3346, 87 L.Ed.2d 444 (1985). Respondents contend that the CROA contains such a command.
That statute regulates the practices of credit repair organizations, defined as certain entities that offer services for the purpose of "(i) improving any consumer's credit record, credit history, or credit rating; or (ii) providing advice or assistance to any consumer with regard to any activity or service described in clause (i)."
Like the District Court and the Ninth Circuit, respondents focus on the CROA's disclosure and nonwaiver provisions. The former, which is reproduced in full in the Appendix, infra, sets forth a statement that the credit repair organization must provide to the consumer before any contract is executed. § 1679c(a). One sentence of that required statement reads, "`You have a right to sue a credit repair organization that violates the Credit Repair Organization Act.'" The Act's nonwaiver provision states, "Any waiver by any consumer of any protection provided by or any right of the consumer under this subchapter—(1) shall be treated as void; and (2) may not be enforced by any Federal or State court or any other person." § 1679f(a).
The Ninth Circuit adopted the following line of reasoning, urged upon us by respondents here: The disclosure provision gives consumers the "right to sue," which "clearly involves the right to bring an action in a court of law." 615 F.3d, at 1208. Because the nonwaiver provision prohibits the waiver of "any right of the consumer under this subchapter," the arbitration agreement—which waived the right to bring an action in a court of law—cannot be enforced. Id., at 1214.
The flaw in this argument is its premise: that the disclosure provision provides consumers with a right to bring an
Respondents suggest that the CROA's civil-liability provision, § 1679g (set forth in full in the Appendix, infra), demonstrates that the Act provides consumers with a "right" to bring an action in court. They cite the provision's repeated use of the terms "action," "class action," and "court"—terms that they say call to mind a judicial proceeding. These references cannot do the heavy lifting that respondents assign them. It is utterly commonplace for statutes that create civil causes of action to describe the details of those causes of action, including the relief available, in the context of a court suit. If the mere formulation of the cause of action in this standard fashion were sufficient to establish the "contrary congressional command" overriding the FAA, McMahon, supra, at 226, 107 S.Ct. 2332, valid arbitration agreements covering federal causes of action would be rare indeed. But that is not the law. In Gilmer we enforced an arbitration agreement with respect to a cause of action created by the Age Discrimination in Employment Act of 1967 (ADEA) which read, in part: "Any person aggrieved may bring a civil action in any court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of this chapter." 29 U.S.C. § 626(c)(1). In McMahon we enforced an
Moreover, if one believes that § 1679g's contemplation of court suit (combined with § 1679f(a)) establishes a nonwaivable right to initial judicial enforcement, one must also believe that it establishes a nonwaivable right to initial judicial enforcement in any competent judicial tribunal, since it contains no limitation. We think it clear, however, that this mere "contemplation" of suit in any competent court does not guarantee suit in all competent courts, disabling the parties from adopting a reasonable forum-selection clause. And just as the contemplated availability of all judicial forums may be reduced to a single forum by contractual specification, so also can the contemplated availability of judicial action be limited to judicial action compelling or reviewing initial arbitral adjudication. The parties remain free to specify such matters, so long as the guarantee of § 1679g—the guarantee of the legal power to impose liability—is preserved.
Respondents and the dissent maintain that if the CROA does not create a right to a judicial forum, then the disclosure provision effectively requires that credit repair organizations mislead consumers. We think not. The disclosure provision is meant to describe the law to consumers in a manner that is concise and comprehensible to the layman—which necessarily means that it will be imprecise. The required statement says, for example, that the CROA "`prohibits deceptive practices by credit repair organizations,'" 15 U.S.C. § 1679c(a). This is in some respects an overstatement, and in some respects an understatement, of the "Prohibited practices" set forth in § 1679b. It would include, for example, deception
At the time of the CROA's enactment in 1996, arbitration clauses in contracts of the type at issue here were no rarity. Quite the contrary, the early 1990's saw the increased use of arbitration clauses in consumer contracts generally, and in financial services contracts in particular. See Ware, Arbitration and Unconscionability After Doctor's Associates, Inc. v. Casarotto, 31 Wake Forest L.Rev. 1001, 1001, and n. 3 (1996); J. Shimabukuro, Congressional Research Service Report for Congress, The Federal Arbitration Act: Background and Recent Developments 1 (2002).
Had Congress meant to prohibit these very common provisions in the CROA, it would have done so in a manner less obtuse than what respondents suggest. When it has restricted the use of arbitration in other contexts, it has done so with a clarity that far exceeds the claimed indications in the CROA. See, e.g., 7 U.S.C. § 26(n)(2) (2006 ed., Supp. IV) ("No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this section"); 15 U.S.C. § 1226(a)(2) (2006 ed.) ("Notwithstanding any other provision of law, whenever a motor vehicle franchise contract provides for the use of arbitration to resolve a controversy arising out of or relating to such contract, arbitration may be used to settle such controversy only if after such controversy arises all parties to such controversy consent in writing to use arbitration to settle such controversy"); cf. 12 U.S.C. § 5518(b) (2006 ed., Supp. IV) (granting authority to the newly created Consumer Financial Protection Bureau to regulate predispute arbitration agreements in contracts for consumer financial products or services).
Because the CROA is silent on whether claims under the Act can proceed in an arbitrable forum, the FAA requires the arbitration agreement to be enforced according to its terms. The judgment of the Ninth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Section 1679c provides:
"Any credit repair organization shall provide any consumer with the following written statement before any contract or agreement between the consumer and the credit repair organization is executed:
"`You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any `credit repair' company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years.
"`You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.
"`You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations.
"`You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it.
"`Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.
"`You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.
"`If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about
"`The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact:
"The written statement required under this section shall be provided as a document which is separate from any written contract or other agreement between the credit repair organization and the consumer or any other written material provided to the consumer.
Section 1679g provides:
"Any person who fails to comply with any provision of this subchapter with respect to any other person shall be liable to such person in an amount equal to the sum of the amounts determined under each of the following paragraphs:
"In determining the amount of any liability of any credit repair organization under subsection (a)(2) of this section, the court shall consider, among other relevant factors—
Claims alleging the violation of a statute, such as the Credit Repair Organizations Act (Act), 15 U.S.C. § 1679 et seq., are generally subject to valid arbitration agreements unless Congress evinces a contrary intent in the text, history, or purpose of the statute. See Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 26, 111 S.Ct. 1647, 114 L.Ed.2d 26 (1991). I agree with the Court that Congress has not shown that intent here. But for the reasons stated by the dissent, I find this to be a much closer case than the majority opinion suggests.
The Act creates a cause of action in its liability provision, see § 1679g(a), denominates the cause of action a "right to sue" in the mandatory disclosure statement, § 1679c(a), and then provides that "right[s]" may not be waived, § 1679f(a). Those for whom Congress wrote the Act—lay readers "of limited economic means and . . . inexperienced in credit matters," § 1679(a)(2)—reasonably may interpret the phrase "right to sue" as promising a right to sue in court. And it is plausible to think that Congress, aware of the impact of its words, intended such a construction of the liability provision.
But while this interpretation of the Act is plausible, it is in my view no more compelling than the contrary construction that petitioners urge. As the majority opinion notes, the disclosure provision does not itself confer a cause of action, and the liability provision that does is materially indistinguishable from other statutes that we have held not to preclude arbitration. In my mind this leaves the parties' arguments in equipoise, and our precedents require that petitioners prevail in this circumstance. This is because respondents, as the opponents of arbitration, bear the burden of showing that Congress disallowed arbitration of their claims, and because we resolve doubts in favor of arbitration. See id., at 26, 111 S.Ct. 1647. Of course, if we have misread Congress' intent, then Congress can correct our error by amending the statute.
I add one more point. The majority opinion contrasts the liability provision of the Act with other, more recently enacted statutes that expressly disallow arbitration. I do not understand the majority opinion to hold that Congress must speak so explicitly in order to convey its intent to preclude arbitration of statutory claims. We have never said as much, and on numerous occasions have held that proof of Congress' intent may also be discovered in the history or purpose of the statute in question. See ibid. ("If such an intention exists, it will be discoverable in the text of the [statute], its legislative history, or an `inherent conflict' between arbitration and the [statute's] underlying purposes"); Shearson/American Express Inc. v. McMahon, 482 U.S. 220, 227, 107 S.Ct. 2332, 96 L.Ed.2d 185 (1987) ("If Congress did intend to limit or prohibit waiver of a judicial forum for a particular claim, such an intent `will be deducible from [the statute's] text or legislative history,' or from an inherent conflict between arbitration and the statute's underlying purposes" (quoting Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 628, 105 S.Ct. 3346, 87 L.Ed.2d 444 (1985); citation omitted)). I agree with the dissent that the statutes the majority opinion cites shed little light on the thoughts of the Congress that passed the Act. But the Act's text is not dispositive, and respondents identify nothing in the legislative history or purpose of the Act that would tip the balance of the scale in favor of their interpretation.
Congress enacted the Credit Repair Organizations Act (CROA) to protect consumers "who have experienced credit problems"—"particularly those of limited economic means"—against the unfair and deceptive practices of credit repair organizations. 15 U.S.C. § 1679(a). Central to the legislation, Congress sought to arm consumers with information needed to make intelligent decisions about purchasing a repair organization's services. To that end, Congress directed that, "before [execution of] any contract . . . between [a] consumer and [a] credit repair organization," the organization must make certain disclosures. One of the required disclosures reads:
The Act's civil-liability provision describes suits consumers may bring in court: individual and class actions for damages (actual and punitive) and attorneys' fees. A further provision renders void any purported waiver of any protection or right the Act grants to consumers.
The Court today holds that credit repair organizations can escape suit by providing in their take-it-or-leave-it contracts that arbitration will serve as the parties' sole dispute-resolution mechanism. The "right to sue," the Court explains, merely connotes the vindication of legal rights, whether in court or before an arbitrator. That reading may be comprehensible to one trained to "think like a lawyer." But Congress enacted the CROA with vulnerable consumers in mind—consumers likely to read the words "right to sue" to mean the right to litigate in court, not the obligation to submit disputes to binding arbitration.
In accord with the Ninth Circuit, I would hold that Congress, in an Act meant to curb deceptive practices, did not authorize credit repair organizations to make a false or misleading disclosure—telling consumers of a right they do not, in fact, possess. If the Act affords consumers a nonwaivable right to sue in court, as I believe it does, a credit repair organization cannot retract that right by making arbitration the consumer's sole recourse.
CompuCredit marketed a credit card to consumers with weak credit ratings. It did so through massive direct-mail and Internet solicitations, urging recipients to acquire a card under the brand name Aspire Visa, and thereby "rebuild poor credit" and "improve [their] credit rating." App. 40, Complaint ¶ 11 (internal quotation marks omitted). Plaintiffs, individuals who applied for and received CompuCredit's card, sought redress for multiple violations of the CROA.
Their complaint alleged that CompuCredit's promotional materials told potential customers that no deposit would be required, and that cardholders would receive, upfront, a credit line of $300. In fact, plaintiffs asserted, they were charged an initial finance fee of $29, a monthly fee of $6.50, and an annual fee of $150, assessed immediately against the $300 limit. In the aggregate, plaintiffs calculated, fees charged the first year amounted to $257. CompuCredit's fee exactions did appear in the promotional materials: in small print, buried amidst other information, and removed from the clearer representation that no deposit would be required. Id., at 40-41, Complaint ¶¶ 12-13. Far from improving their credit rating, plaintiffs complained, CompuCredit knew that its card, saddled with these fees, "would not provide any meaningful assistance whatsoever
Seeking damages for the alleged violations, along with attorneys' fees, plaintiffs requested class certification. In the District Court and Court of Appeals, they successfully resisted CompuCredit's motion to compel arbitration pursuant to a form contract that barred class proceedings.
Three sections of the CROA, considered together, indicate Congress' intention to preclude mandatory, creditor-imposed, arbitration of CROA claims. See 15 U.S.C. §§ 1679c(a), 1679g, and 1679f. Before entering into any consumer contract, credit repair organizations must give potential customers a written statement of rights they possess under that Act and related consumer-protection laws. § 1679c(a). Congress dictated every word of the required notification. Credit repair organizations must tell consumers, in plain terms, how they may enforce their rights: "You have a right to sue a credit repair organization that violates the Credit Repair Organization Act." Ibid.
The "right to sue" refers to the claim for relief Congress afforded consumers in § 1679g. "Any person" who violates another's rights under the CROA "shall be liable" for actual damages and attorneys' fees, and may be liable for punitive damages as well. § 1679g(a)(1)-(3). The Act sets out the factors "the court shall consider" in determining the amount of punitive damages "the court may allow" aggrieved consumers to recover, either individually or as a class. § 1679g(a)(2) and (b). The liability created here, in § 1679g, is precisely what the consumer, in light of § 1679c, may sue to enforce.
The Act renders void and unenforceable "[a]ny waiver by any consumer of any protection provided by or any right of the consumer under this subchapter." § 1679f (emphasis added).
The Court is quite right in recognizing that consumers "have the legal right, enforceable in court, to recover damages from credit repair organizations that violate the CROA." Ibid. But the Court is quite wrong, as I see it, to characterize as merely "imprecise," ibid., Congress' failure to include the caveat that access to court may be conditioned upon an anterior arbitration. The "right to sue" may well be "a colloquial method of communicating to consumers." See ibid. But it surely is not colloquially understood by recipients of the required disclosures as the right, not to adjudicate in court, but only to seek, or defend against, court enforcement of an award rendered by the arbitrator chosen by the credit repair organization. Few, if any, credit repair customers would equate the "right to sue," § 1679c(a), with the extremely limited judicial review given to an arbitrator's award, see, e.g., Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S. 576, 586-589, 128 S.Ct. 1396, 170 L.Ed.2d 254 (2008).
The Court discounts the references to "action," "class action," and "court" in § 1679g, the provision that "create[s]" the consumers' claim for relief. See ante, at 670. Despite similar statutory language, the Court observes, we have enforced arbitration agreements to settle disputes arising under other Acts of Congress. The CROA, however, is distinguished by its disclosure requirements, prime among them, the obligation imposed on the credit repair organization to inform potential customers they "have a right to sue" an organization that violates the Act. § 1679c(a). Yet the Court refuses to read this language in concert with § 1679g, notwithstanding our frequent acknowledgment that "a statute is to be read as a whole, since the meaning of statutory language. . . depends on context." King v. St. Vincent's Hospital, 502 U.S. 215, 221, 112 S.Ct. 570, 116 L.Ed.2d 578 (1991) (citation omitted). As just explained, I believe Congress meant what an ordinary reader of the disclosure requirement would likely comprehend: A credit repair organization that engages in deceptive practices may be sued in court.
Reducing the required disclosure to insignificance, see ante, at 669-670, the Court's construction of the CROA scarcely advances the Act's goals. Congress aimed to ensure prospective customers "are provided with the information necessary to make an informed decision," and
This unfortunate result is not compelled by our precedents. The Court cites three decisions for the proposition, by now uncontroversial, that the mere existence of a statutory right of action does not preclude agreements to arbitrate disputes. See ante, at 670-671 (citing Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 28, 111 S.Ct. 1647, 114 L.Ed.2d 26 (1991); Shearson/American Express Inc. v. McMahon, 482 U.S. 220, 240, 107 S.Ct. 2332, 96 L.Ed.2d 185 (1987); and Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 637, 105 S.Ct. 3346, 87 L.Ed.2d 444 (1985)). As the Court acknowledges, ante, at 670-671, none of the statutes at issue in those cases contained a nonwaiver clause analogous to § 1679f. Yet the presence of such a clause would not have affected the outcome, the Court maintains; a nonwaiver provision would not have precluded arbitration because the statutes conferred no underlying right to proceed in court.
Precisely the point: The CROA differs from the statutes we have construed in the past in just that respect. The Act does not merely create a claim for relief. It designates that claim as an action entailing a "right to sue"; mandates that consumers be informed, prior to entering any contract, of that right; and precludes the waiver of any "right" conferred by the Act. Neither Gilmer, McMahon, nor Mitsubishi construed a statute of a similar order.
The Court's final point is that, elsewhere, Congress has spoken with particular clarity in guaranteeing a judicial forum and proscribing arbitration, but here, it did not do so. The two statutes the Court cites as exemplary postdate the CROA's enactment by 14 and 6 years, respectively. (A third merely delegates regulatory authority over certain arbitration agreements.) See ante, at 672-673. Notably, these recent statutes were framed following a string of this Court's decisions compelling arbitration pursuant to contractual stipulations.
The CROA mandates that potential customers shall be told of their "right to sue a credit repair organization" for damages arising from deceptive practices. 15 U.S.C. § 1679c(a). But CompuCredit's adhesion contract provided that consumers would "not have the right to go to court." App. 61 (capitalization omitted). Congress' direction must prevail over Compu-Credit's opposing declaration. Accordingly, I would affirm the judgment of the Court of Appeals for the Ninth Circuit.
"Any waiver by any consumer of any protection provided by or any right of the consumer under this subchapter—