My Small Claims complaint against TU - now in Civil Court -- including the links to all the scanned filings, answers, etc.

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WHY did TU refuse to investigate my disputes? Why did they request my driver's license and social security card?

There is absolutely NO chance of TU sending a corrected report to the wrong person.

Not only do I not have a social security card, but I had INCLUDED my credit report with the dispute! How is THAT for ID????

My social security number, my address, all my accounts, including what Experian and Equifax reported, EVERYTHING is on that included report! And, why would some stranger send my dispute to TU in the first place unless I WANTED that?

I'd say Trans Union delays and puts this undue burden on consumers only to minimize the number of disputes.

I'd like to know how I can find out how many of these demands are met and how many disputes are NOT investigated.

And, I think they want my drivers license number to sell it or make their reports more valuable. I've also read many times that requiring the ss # for ID is against some federal law. Rumor or fact?

If anyone could confirm that with a link to the code I'd greatly appreciate it.

My Small Claims complaint against TU - now in Civil Court

Two of my disputed accounts show as unrated, while Experian and Equifax report them as R-1 and I-1.

If I could take my clients' reports to court, I could prove that Trans Union CONSISTENTLY reports good accounts as unrated.

This defect in their reporting system especially hurts people with few open accounts.

How could this be the fault of the creditor when Experian and Equifax report the accounts correctly?

I was unable to pull up the original complaint - it says page not found.

I wish you luck with this - it seems they are trying to intimidate you by having the case transferred so an Attorney can try to bulldog you.

Are you going to contest the motion for the transfer or hire an attorney?

Unfortunately, this is rumour persisting long enough to be believed as fact. When Social Security cards were originally designed the words "Not to be used for identification" were included on the card. This has no basis in statute, it was simply placed there with the belief that businesses and individuals would continue to have enough belief in a government document to comply with it as an instruction regarding the card. There is no statute that prohibits the use of the number by private companies for account identification, extension of credit etc.

The privacy act does address the use of your social security number by government agencies and there are laws prohibiting them from refusing service if you decline to provide your SSN. Virginia is an example - in VA your driver's license number is your social security number - unless you decline to use that number and another 9 digit number is then issued.

Legislation has been proposed several times to prohibit the use of the number by private companies such as credit reporting agencies . Needless to say their well funded lobbying groups have managed to defeat every effort.

I am following the results of your case as I have the same problem with Transunion - they constantly ask me for my driver's license, social security number, a utility bill (which I do not have as I board in a private home), and refuse to update my address on my credit profile. I have actually provided every item of identification I can think of, including my SS card copy, drivers license and a copy of a retired military ID (which I can tell you is MUCH more difficult to get than a ss card or dl) as well as copies of previous credit reports they have mailed directly to me.

I've had the same problem with TU. When I first ordered by credit report in January, I used my PO Box since I didn't trust anyone at the house I lived at. They said they needed proof it was my address. Well, I had none, so I reordered my credit report last week. I had it sent to my mom's address, which is on ALL of my credit reports. Again, they want proof. All I have with that address is my bank statement, so I had to send them a copy of that, with all the numbers blacked out of course. Now I am worried creditors could somehow get at my bank accounts. I wonder how likely that is.

Hal posted:
Much appreciate your posting the bad link. There should be NO bad links anywhere at the BayHouse site and I much appreciate if people let me know so I can FIX it.

I also moved your posting over here as I'm trying to include only events and documents directly related to the law suit in that thread. Meant to close that thread but forgot.

Regarding the use of social security numbers:

I now remember hearing on NPR a very interesting show in September on proposed legislation regarding the use of social security numbers and even the sale of social security numbers by CREDIT BUREAUS. That is currently legal. If anyone has a link to that legislation, please post.

Trans Unions failure to provide credit reports

I think they're fishing for information to add to the credit files AND minimizing disputes.

WHY aren't there class actions against the credit bureaus? Are they THAT powerful?

Kermie posted
Your creditors will need judgments to take money out of your accounts. Once they have a judgment, they probably use a data service to locate your bank accounts. I've never seen bank account numbers on credit reports, but DRIVERS LICENSE numbers are reported.

That doesn't mean they couldn't sell your account #s, I really don't know about that.

ANSWER

Defendant Trans Union, L.L.C., by and through undersigned counsel, hereby responds to Plaintiff's Complaint and denies the allegations asserted by Plaintiff and any liability to Plaintiff because it has not violated the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. Defendant denies each and every allegation of Plaintiff's complaint not expressly admitted to herein.

Why is TU denying "each and every allegation?" I only alleged ONE violation of the FCRA.

Do they count EACH disputed account that they failed to investigate? I guess so. Hadn't realized that.


AFFIRMATIVE DEFENSES

As and for its affirmative defenses, Defendant affirmatively asserts, as follows:

A. The Complaint fails to set forth facts sufficient to state a claim upon which relief may be granted against Defendant, and further fails to state facts sufficient to entitle Plaintiff to the relief sought, or to any other reliefwhatsoever, from Defendant;

I don't get that either. What? Why? How?

I sent in my dispute letter. They refused to investigate. The specific FCRA section reads:

"§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

(a) Reinvestigations of disputed information.

(1) Reinvestigation required.

(A) In general. If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer."

Is this specific enough?

B. Upon information and belief, some or all of the purported damages allegedly suffered by Plaintiff are the results of the acts or omissions of third parties/persons over whom the Defendant had neither control nor responsibility;

WHICH dameges are the result of WHICH third party?

I don't know of ANY third party involved in this dispute.

What am I missing?

C. Plaintiff has failed to mitigate her damages;

D. Upon information and belief, some or all purported damages allegedly sustained by Plaintiff were, at least in part, caused by the actions or inactions of Plaintiff herself and resulted from Plaintiff's own neglegence which equaled or exceeded any alleged negligence or wrongdoing by Defendant;

Ooooh, my OWN NEGLIGENCE!

I should have hired a CREDIT REPAIR EXPERT because my OWN attempt to dispute incorrectly reported accounts on my credit was .... exactly what? What was wrong with it?

I'd REALLY like to know what SPECIFIC actions and inactions equaled Trans Union's failure to investigate my disputes.

E. All Plaintiff's claims against Defendant are barred because Defendant complied with all statutory requirements;

Repost from A:

"§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

(a) Reinvestigations of disputed information.

(1) Reinvestigation required.

(A) In general. If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer."

That's the statutory requirement Trans Union did NOT comply with.

F. The Complaint and each claim for relief therein is barred by laches, waiver, estoppel and/or unclean hands;

I have no idea what that means. My hands are clean!

G. Upon information and belief, Plaintiff's claims against Defendant in the Complaint are barred by the provisions of 15 U.S.C. 1681p, the applicable statute of limitations.

What's THAT? A quick Google search got this on Statute of Limitations???!!!!

Trans Unions letter with their refusal to investigate is dated August 20, 2001.

I don't get it. The SOL is supposed to be AT LEAST 2 years.

I just don't get it.

H. At all relevant times, Defendant maintained and followed reasonable procedures to assure compliance with statutory requirements and maximum possible accuracy of the information concerning Plaintiff in preparing consumer reports; and

I don't think so.

I. Defendant reserves the right to assert such other and additional affirmative defenses available to it, pursuant to Ariz. R. Civ. P. Rules 8 and 12 and Fed. R. Civ. P. Rules 8(c) and 12(b), at such time and to such extend as is warranted and as may be revealed through disclosure, discovery and the factual development in this matter.

I have no idea what that means.

WHEREFORE, Defendant respectfully requests that this Court dismiss Plaintiff's Complaint in its entirety as against it, and grant judgment in its favor, together with an award of attorneys' fees and costs incurred in defense of this action pursuant to the Fair Credit Reporting Act, 15 U.S.C. 1681n and 1681o, and for any such further relief as the Court deems proper under the circumstance.

TU is asking the Court to dismiss this case. Interesting.

TU FAILED to respond to my complaint!

They did NOT provide an "answer" at all. They responded with a bunch of BS.

There is not a word about my disputes and the TU refusal to investigate.

TU is asking for attorneys' fees and costs.

I guess I should do the same. Not like I can afford a legal team like TU. But I paid a lawyer $50 for a consultation. Stop laughing! I know that's pathetic. I'll send him this URL - he's been out of town.

And I have GREAT news for TU.

The law affords Trans Union the opportunity to respond to a Small Claims suit by assigning any TU employee the task of responding and appearing in court, at no charge.

If Trans Union used the services of a "law firm" (they assisted with the "Answer" and they paid a fee for this service), they may be interested to know that government agencies are in the process of investigating some of these lawyers which may be charging fees and otherwise deceiving them.

If TU has reason to believe that the fee charged by the law firm was too high and/or its services were misrepresented, they may file a complaint with the appropriate authorities.

See TU's recommendations to Consumers

There really is absolutely NO need for expensive lawyers.

All those lawyers did was "answer" with completely irrelevant and intimitating blanket "form type" legalese. I don't understand much of it.

I think those lawyers should be disbarred for failing to respond to my complaint.

You think that was the intent? That's how the legal system is SUPPOSED TO work?

They're doing a GREAT JOB????

Another thing really bothers me about this TU Answer:

Amanda Stamps, one of the attorneys listed on the TU Answer, had called me and left a message, I called her back 3 times and left messages for her, finally on 10/17/2001 I spoke with Amanda Stamps:

She had no info other than my filing. I explained to her in detail what happened. She wanted to know where I got declined and I told her and also informed her that I want to buy real estate and a truck, but can't apply because every decline will be an inquiry for 12 months lowering my credit scores.

Ms. Stamps PROMISED that she would look into the matter and get back to me.

I did NOT hear from her again.

I expected Ms. Stamps to call me back or send me a letter, apologizing for the delay of my disputes, and sending me my new and CORRECT credit report.

INSTEAD:

On October 22, 2001, TU's "request for removal to civil division" was filed along with their Answer.

I made a VERY sincere effort to resolve this matter.

WHY do I STILL not have a response to my disputes other than their idiotic completely irrelevant "Answer?"

I TOLD Ms. Stamps that I've been declined credit, I TOLD her that this was VERY important.

They deny everything and do NOTHING to correct the problem. That's just unbelievable.

They have no respect for the law, because it doesn't apply to corporations and their "legal teams."

They ALWAYS get away with this????

It's like they're spitting in my face.

Also, I just found out that a new Cap One account for which I was pre-approved "up to" $5,000, was approved for only $1,000, based on the TU report. So that's another $4,000 in damages.

Well, the above are my INITIAL thougts on this matter. Got to call the court tomorrow, maybe somebody can tell me what I'm supposed to do now.

Christina -

They have filed a standard response categorically denying all allegations and attempting to place the responsibility on you to prove the allegations or have the case dismissed for lack of response to their answer.

Once attorneys are involved they are trying to frighten you by "bringing out the big guns" and if they are successful will stick you with court costs and attorney fees.

Generally it is not difficult to fight the CRA's in court as they are willing to settle out of court to avoid the action - it seems in your case they are trying to prove a point.

Personally, I would recommend you retain your own attorney and fight them with their own guns - the intricacies of the legal system.

I am posting some info on local attorneys that handle consumer credit cases in AZ - I don't know where you are located I found these online:

http://www.mycounsel.com/app/search...?profileid=4722

http://www.mycounsel.com/app/search...?profileid=7717

I think you have a very good case - the CRA is trying to frighten you with a lot of legal mumbo jumbo. You may be able to get an attorney to take this on a contingency - and if you decide to do so I would NOT settle with them for mere corrections - make them pay your legal fees and damages.

Thanks Hal, I sent e-mails to both lawyers.

Every since I worked on the Transamerica case in 1994, I've been asking many lawyers and legal experts WHY corporations can get away with breaking the laws and PREVAIL in court.

The bottom line is that a small law firm combined with a cash poor plaintiff can NOT collect. The corporations file motion after motion, if the consumer gets a judgment they'll appeal.

They prevail because they have more cash for lawyers.

It looks like Trans Union knows exactly who I am and what I do.

Trans Union is sending a very clear message to consumers:

"We have more money and more lawyers, so don't even try to sue for your legal rights, because you really don't have any."

Now, MY objective is NOT to get my credit report corrected. That WAS the purpose of my dispute.

Now that I filed the law suit and even after my sincere attempts to resolve the problem with their attorney Amanda Stamps, TU STILL has NOT investigated my disputes and I see what TU is doing, I just want to document how the legal system sucks.

Settling for a correct report and attorneys fees is not what I'm looking for. And I'm not at all looking for a "SECRET" settlement.

I'd like to see PUNITIVE damages. That is EXTREMELY unlikely to happen.

A little background on Kingman, AZ:

During the gold rush they brought many Chinese to work in the mines. Supposedly many got a permanent resting place in side tunnels instead of pay checks.

At first I didn't believe that. But after a couple of years in the area, after some dealings with the Sheriff, and after several hearings in the Kingman court, I KNOW that IS Kingman, Arizona.

Most people are extremely poor, employment rights don't exist.

An above average percentage of the population is on welfare, drugs and alcohol. I've spent enough time at the courthouse to see how they're busy with restraining orders, domestic violence and evictions.

There is no "justice" at the Kingman court when it comes to consumer vs. corporation. The corporation is ALWAYS right, and NOT held accountable. (See US West, VoiceStream Wireless and Wells Fargo)

I just called the Court to find out what I'm supposed to be doing.

My conversation went like this:

"Do you have any instructions about what I'm supposed to do now?"

Clerk: "No, it's very similar to Small Claims. It will go to mediation."

"I don't understand their answer, can I request a plain English answer?"

Clerk: "No, it is plain English."

"I don't know what estoppel is and I don't have dirty hands."

Clerk: "I'm not sure what estoppel is either, and it's not my job to know."

"Am I supposed to respond to the TU request for attorneys' fees and their request for dismissal?"

Clerk: "You can if you want to."

She mentions a "motion" for dismissal.

"So their request for dismissal in their answer is a motion?"

Clerk: "It could be interpreted as a motion."

I still don't have a clue.

My case SHOULD not be about my credit report, but about the MANY Trans Union FCRA violations and subsequent legal tactics. It should be in Federal Court. It should be a class action.

THIS law suit documentary will hopefully be EVIDENCE or at least inspiration for the "real" law suit in Federal Court.

Just called the court to find out that I can file a "motion to amend damages" up to $10,000.

I had another thought on

This is like telling the Taliban to fight the Americans "with their own guns." They don't HAVE an airforce. Yesterday I read that this "war" in Afghanistan could cost Americans a BILLION a month. Bin Laden may have money, but not THAT much money.

So all they can do is resort to "alternate" methods, and they're doing so quite successfully. Terrorism works. They create fear and they are causing tremendous damages to the American economy.

I'm not suggesting Anthrax mailings or airplane bombings into CRA buildings, but thousands of small claims suits by plaintiffs NOT willing to settle would be a real good AFFORDABLE start.

I agree with you completely Christine. This is really no less than corporate terrorism, as you stated they KNOW that most plaintiffs filing in small claims are cash poor and that the majority of them will simply allow a motion to be dismissed because they cannot afford to fight it.

When I recommended contacting an attorney, my thought was that your case seems very strong to me, and if an attorney feels the same they may be willing to take it on a contingency basis - at the very least if you have a strong case and win there is always precedent to have the defendant pay your attorney fees.

I know you visit creditnet from time to time and I have seen some members there post names of attorneys that have made their "mark" by fighting the CRA's for FCRA violations. Perhaps you could inquire there.

Christine -

I just thought you might want to look into this attorney's website. It looks promising for your situation if she can practice in Arizona.

http://www.consumeradvocate.net

Thanks, Hal, I sent them a message. Haven't had time to search creditnet yet, the problem with that board is that there are way too many messages - and way too much chat. And I just haven't had "spare" time.

Also, I got word back from Barry Dale, the AZ attorney. The FCRA isn't his specialty and he wouldn't want to go to Kingman.

He recommended a local attorney, but I couldn't even find an attorney to do a simple LLC in Kingman last year. I'm absolutely sure that there's not a single attorney in Kingman specializing in FCRA and credit matters.

I'm thinking that IF I get representation, the case in Kingman should be dismissed and filed in Federal Court in Phoenix. San Francisco would be better, I'm not exactly tied down here and I actually have a San Francisco address.

I don't mind representing myself in Kingman, it's interesting. Of course it would help if I had *some* legal advice.

TU mentions "discovery" in their answer. I really wished I knew how to get some info out of TU. They obviously have my credit report, have a ton of info on me.

How do I discover something about TU?

How many letters does TU send out requiring additional ID?
How many receive a satisfactory response?
WHY are they doing that?

I think the goal should be a federal suit, possibly a class action.

I can dismiss the Kingman suit the day prior to the court hearing, and I don't even have a date yet. It could be scheduled for mediation first.

Christine-

How about playing their game, too? File some motions... I'm sure you already know a "motion" is just a note to the court (judge) asking for something.

You could:

File one to raise your damages.

File one asking the court to compel them to state their answer in more clearer terms.

File one asking for permission to submit interrogatories (questions) to them.

You will bog them down, get their attention, and improve you chances of winning.

That's the risks they take by bumping the case up. Now, you can get more money and use more of their lawyer's time.

Your interrogatories can ask a number of highly detailed questions about them, their personnel, their business practices, their training programs, how much they earn, how they dispute, how they handle complaints, details of other suits...

They MUST answer these questions, and within a specific timeframe, in writing!

BTW, that "dirty hands" stuff is just them trying to say you have some other intentions for sueing or something like that. It's a standard affirmative defense... blah, blah, blah, deny everything, blah, blah, blah, get some time to get the REAL defense put together.

JB

I would file a motion for discovery or interrogatories.

Discovery is simply the legal term for compelling the exchange of information - i.e. copies of your complete file with them, copies of their policies for determining whether an item should be reinvestigated, copies of their policy for identifying parties before releasing credit reports etc.

Interrogatories - The first stage of discovery consists of answering written questions (called "interrogatories"), and the exchange of relevant documents. Each side submits a written request for all relevant documents, as well as for answers to these interrogatories. The rules of civil procedure require a response to these requests for information within a short period of time, typically 30 days, although this varies from state to state. If the responses are late or inadequate, the attorney who submitted the requests can file a motion with the court requesting that the court order the other side to provide the documents and adequate answers.

They are trying to move it to civil court so their attorney's can appear. The motion for dismissal is a standard motion that every attorney will use in filing their answer. The answer filed with the court is basically their response to any claims you make and they will always simply DENY every claim you made. They also want it out of Small Claims as in AZ there is no right for appeal if they lose in small claims.

I am rooting for you in this one - I wish I had more in depth knowledge of these types of action but my time working in the legal field was specifically in child support and family law.

Thanks Hal and Jb, discovery is exactly what I want to do, but I feel exactly like all these people who ask for sample letters for disputes.

I've submitted my request for a specific answer from Experian at
My Small Claims complaint against Experian for failing to provide COMPLETE reports

That was only on October 29, I haven't heard from the court or Experian. Maybe it will be ignored and just filed by the court?

Although in small claims, it's the same judge.

I'm hanging on a thread for the latest......

-Dan