21 Q But what I'm saying is, whether it's the
22 William Porter data file, what we've identified as
23 the file No. 2 or No. 3 on Exhibits 2 and 3, that
24 regardless of whether it's one of those two data
1 files or some other data file that has some
2 different information than that of the plaintiff, it
3 should keep it from permanently combining with such
4 a file, correct?
5 A Correct.
6 Q Now, the -- the "do not merge" tag will not
7 prevent two different data files from being returned
8 as part of the same credit report; is that true?
9 MR. CENTO: Object to the form.
10 A I don't know.
11 BY MR. Szwak:
12 Q Well, let me ask you. In your
13 understanding of how a "do not merge" tag operates,
14 does it prevent two different data files from being
15 returned as part of the same consumer disclosure?
16 A I know in consumer relations it doesn't.
17 Q Okay. And let me give you an example
18 and -- and make sure I understand correctly.
19 MR. CENTO: David, do you want to finish
20 this question? And then I think the
21 videographer needs to change his tape.
22 MR. Szwak: Okay. That's good. Let me --
23 let me do this question.
24 How are we on time, Mr. Videographer?
1 THE VIDEOGRAPHER: Well, we've got ten
2 minutes left on the tape. If you want -- if you
3 want to roll ten more minutes, that will be
5 BY MR. Szwak:
6 Q If I understand correctly, by example, if
7 the plaintiff requested her consumer disclosure from
8 TransUnion tomorrow, that TransUnion could return to
9 her a consumer disclosure that would have copies of
10 her credit file, the data file No. 1 we've
11 identified, and the William Porter data file that we
12 identified as file No. 2 shown in Exhibits 2 and 3
13 as part of the same report; is that true?
14 MR. CENTO: Object --
15 A No.16 MR. CENTO: -- to the form.
17 BY MR. Szwak:
18 Q So that would not occur; is that true?
19 A They won't be returned to the consumer.
20 Q They would not be returned to the consumer,
21 but that's based upon your consumer disclosure
22 policies and practices, correct?
23 A Correct.
24 Q However, is it possible that those two
1 files could be returned to a subscriber as part of a
2 subscriber version credit report?
3 MR. CENTO: Object to the form.
4 A I don't know if that occurs once the tag is
5 put on.
6 BY MR. Szwak:
7 Q Is there any documentation about how this
8 particular tag functions?
9 A I'm sure that we have some type of
11 Q Do you have any of it in your office?
12 A We may, yes.
13 Q I mean, I'm assuming that if this is a
14 system capability that you have available to you to
15 use in your job and for your -- your employees, that
16 you would have some sort of documentation explaining
17 how it functions; is that a fair statement?
18 A Yes. We -- we know how it functions as far
19 as consumer relations is concerned, and we place
20 that tag on there to prevent the files from merging.
21 Q Okay. And what is it -- what is it that
22 you define as "merging"? Is that the combining, the
23 actual combining of two different data files to
24 create one resultant file?
1 A Yes.
Father-Son, Mother-Daughter, Junior-Senior-Trey [Generational Designators], Common Names, Variations on Social Security Numbers and Other Mixed File Issues
- General Discussions, Forum Registration, and ID Theft and Credit-Related News Stories
- General Discussion
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- Current Cases
- Lawyer Jokes
- FCRA Statute and Defined Terms Under the FCRA
- FCRA Statute And Amendments: 15 U.S.C. 1681, et. seq.
- What is a Consumer [Credit] Reporting Agency?
- What is a Consumer [Credit] Report?
- Resellers: Who are They? What Do They Do? Are They Liable Under the FCRA?
- Investigative Consumer [Credit] Reports
- Who is a Furnisher?
- How to Get Your Credit Reports and How and Who to Write Your Dispute Letters to
- How To Get Your Credit Reports
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- Do You Have To Pay For Your Credit Report?
- FCRA Private Rights of Action and Duties Imposed by the FCRA
- Impermissible Access: 15 U.S.C. 1681b[f] and 1681q
- Front End Duties of the Credit Reporting Agencies: 15 U.S.C. 1681e(b)
- Back End Duties of the CRAs: 1681i[a]:
- Credit Bureau's Duty to Provide Consumer Documentation to Furnisher: 1681i[a][B]
- Duty to Add a Consumer's Dispute Statement in Association with a Specific Account and In Connection with the Credit File/Report: 15 U.S.C. 1681i[c]
- Furnisher FCRA Liability: 15 U.S.C. 1681s-2
- Failing to Mark Contested Accounts As Disputed: 15 U.S.C. 1681s-2[a]
- Obsolescence: When Must the Credit Reportings Come Off of the Credit Report: 15 U.S.C. 1681c
- Duty to Notate Disputed Accounts As Such: 15 U.S.C. 1681c[f]
- Adverse Action Notice Rules: 15 U.S.C. 1681m and ECOA
- Credit Solicitations Are Required to be Clear and Conspicuous: 1681m[d]
- Potential Exposure For Sanctions Due to Filing Bad Faith FCRA Cases: 15 U.S.C. 1681n[c], 28 U.S.C. 1927, and Fed.R.Civ.Proc. 11
- Credit Repair Organizations Act [CROA]
- 1681g: Credit Bureaus' Duties to Provide Reports/Disclosures and to Add 100 Word Statements of the Consumer
- Affiliate Sharing Problems and Violations, 15 U.S.C. 1681s-3
- Common Credit Report Errors and Agency Misconduct
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- Re-Aging: Debt Collector's Efforts to Revive Obsolete Reportings
- Reinsertion of Previously Deleted Data: How and When Can It Happen?
- VIP Databases and Offline Status
- Deceased Reporting Cases
- Causation: The Crucial Link Between Breach of a Duty and Damages
- Causation to Damage [Proving Your Damages Are Related to and Caused by the Defendants
- Types of Damages, Remedies, and Awards Under the FCRA and Related State Law Claims
- Damages Under FCRA
- Punitive Damages: 15 U.S.C. 1681n
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- Attorneys' Fees, Litigation Expenses and Costs:
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- FCRA Jury and Bench Trial Verdicts
- Other Federal Laws Related to Credit Reporting, Data Privacy, Billing Errors and ID Theft
- FDCPA Statute And Amendments: 15 U.S.C. 1692, et. seq.
- Fair Credit Billing Act, 15 U.S.C. 1666, et. seq.
- Identity Theft and Assumption Deterrence Act of 1998, 18 U.S.C. §1028
- Home Affordable Modification Program (“HAMP”) and Home Affordable Foreclosure Alternatives Program (“HAFA”)
- State Law Claims Related to Credit Reporting, Billing Errors, Privacy Breaches and ID Theft
- Invasion of Privacy: State Law
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- Interference With Prospective Credit: State Law
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- Data Breach Claims and Issues
- Unfair and Deceptive Trade Practices Claims: State Law
- Jurisdiction, Venue, Removal to Federal Court, Remand to State Court, and Other Pre-Trial Jurisdicti
- Removal of FCRA Cases From State Court To Federal Court
- Personal Jurisdiction and Venue in Credit Reporting Cases
- FCRA Litigation Strategies and Procedural Issues and Law
- Settlements, Releases, Prevailing Party Status, and Other Things You Need to Know If You Resolve Your Case Before Judgment
- Offers of Judgment In FCRA Litigation
- Secret Documents, Product Information and Testimony
- Choicepoint Secret Documents:
- Equifax/CSC and Affiliates Secret Documents:
- Experian Secret Documents
- Innovis Secret Documents:
- Trans Union Secret Documents
- Furnisher and Public Records Suppliers Secret Documents
- Respondeat Superior, Vicarious Liability, and Whether Others Are Liable
- Liability For Employee's FCRA Violations? Liability For FCRA Violations by Third Parties?
- FCRA Preemption, Immunity, and Qualified Immunity
- FCRA Preemption: 15 U.S.C. 1681t[b][F] and Related Discussions
- FCRA Qualified Immunity: 15 U.S.C. 1681h[e] and Related Discussions
- States/Govermental Immunity From FCRA Claims?
- Jury Voir Dire, Instructions, Verdict Forms, etc.
- Jury Instructions and Jury Verdict Forms
- Jury Questionnaires, Voir Dire, Jury Selection and Jury Bias
- Credit Card Issues
- Credit Card Liabilities
- Do You Have a Right to Bring Claims and How Long Do You Have?
- Statute Of Limitation: 15 U.S.C. 1681p
- Standing to Sue
- Credit Scores, Adverse Action Codes, and Other Report Codes
- Credit Scores, Adverse Action Codes, Risk Factors, Denial Codes and Other Scores and Codes Supplied by the Credit Reporting Agencies
- The Mechanics of Credit Reporting
- Public Records Reportings [Non-Bankruptcy]
- Bankruptcy Reporting
- Student Loan Credit Reporting
- Metro Tape [I and II]: Standardized Credit Reporting Formats Used by the Credit Industry
- Defenses Asserted by Credit Reporting Defendants
- What Law Applies? Problems Barring Use of the Court and Law
- Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
- Conflicts of Laws Issues in FCRA and Related State Law Issues
- Standing and Statutes of Limitations
- Statute Of Limitation: 15 U.S.C. 1681p
- FCRA Legal Forms [Suits, Discovery, etc.]
- Discovery: Interrogatories, Requests For Production of Documents, Requests to Inspect, Requests For Admissions, Deposition Notices, Subpoenas, Deposit
- FCRA Sample Pleadings: Complaints, Motions, Oppositions and Other Standard Lawsuit Filings
- Defenses Frequently Asserted by Defendants to Consumer's Actions
- FCRA Class Actions and Class Issues
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- Special Evidentiary Issues: What is Evidence?
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- Expert Witnesses, Special Issues and Daubert and Related Challenges
- Appellate Issues, Rules, Law, Etc.
- Defenses Asserted by Industry and Abuse Stories
- Defense Counsel Abuses and War Stories
- Law Outlines: Various Topics
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