Data Breach and ID Theft:Interrogatories to Reseller

David A. Szwak

Data Breach and ID Theft:Interrogatories to Reseller

Postby David A. Szwak » Mon Nov 07, 2005 11:26 pm

UNITED STATES DISTRICT COURT
IN AND FOR THE NORTHERN DISTRICT OF OKLAHOMA
TULSA DIVISION

MELANIE K. PORTERFIELD CIVIL ACTION NUMBER:
02-CV-0176EA[J]
Versus

TOTAL INFORMATION
SERVICES, INC., ET AL JURY DEMANDED

INTERROGATORIES DIRECTED
TO DEFENDANT, TOTAL INFORMATION SERVICES, INC.

To: TOTAL INFORMATION SERVICES, INC.
through its attorneys of record:
Larry Henry, Esq.
Boone, Smith, Davis, Hurst & Dickman
500 Oneok Plaza
100 West 5th Street
Tulsa, Oklahoma 74103
Counsel for TOTAL INFORMATION SERVICES, INC.

PLEASE TAKE NOTICE that you are hereby notified and required to respond to the following Interrogatories and produce the requested information to Plaintiffs herein, through their attorney of record, David A. Szwak, within thirty (30) days from service hereof in accordance with the provisions of Rule 33, et. seq., of the Federal Rules of Civil Procedure.
You are further placed on notice that these requests are deemed continuing, requiring supplemental responses thereto in the event requested information changes or otherwise becomes known, if not currently known after proper inquiry, or otherwise becomes available which would require amendment or supplementation of your responses in order that they would be proper and truthful, become known to you.
INSTRUCTIONS
In answering these requests, please furnish all information which is available to you, including, without limitation, all information in the possession of your attorneys, accountants, affiliates, auditors, agents, employees, officers, directors, shareholders, contractors, or other personnel, and not merely such information as is in your possession.
If you cannot respond to any of the following requests in full, after exercising due diligence to secure information to do so, please so state, and respond to the extent possible, specifying all reasons why you are unable or unwilling to respond to the remainder, stating whatever information you have concerning the unproduced information, and what efforts you made to secure information sufficient to allow you to respond fully to the particular request.
Although one or more of the following requests may not appear to be applicable to or directed to you, please respond to each and every one of them to the extent that you are able to provide any response thereto whether such response consists of information within your own knowledge or what you have obtained from others. However, for every response in which you include information received from others, please provide the name, any known address, and any known phone number of the person from whom you so received such information. And, in every such instance please state that you cannot verify such of your own personal knowledge, identifying particularly the information for which you cannot vouch. Further, these requests contain words or phrases which require you to refer to the "Definitions" section of this document provided hereinbelow.
Unless otherwise stated, each request pertains to the time period beginning January, 1998, through the present date. Thus, your responses should be fully answered as they pertain to information, recordings or information within that time frame. Further, each request should identify the appropriate time frame, if your response requires same.
DEFINITIONS
1. "You" includes TOTAL INFORMATION SERVICES, INC., the company, entity, institution, agency, subsidiary(ies), parent corporation(s) and/or any of its branches, departments, employees, agents, contractual affiliates, or otherwise connected by legal relationship, in the broadest sense. "You" includes any of your sister companies or related entities, and their connected companies, whether or not separately incorporated. "You" may also be referenced herein simply as "TISI."
2. "Document(s)" shall mean and include any printed, typewritten, handwritten or otherwise recorded matter of whatever character, including specifically, but not exclusively, and without limiting the generality of the foregoing, letters, diaries, desk and other calendars, memoranda, telegrams, posters, cables, reports, charts, statistics, envelopes, studies, newspapers, news reports, business records, book of account(s) or other books, ledgers, balance sheets, journals, personal records, personal notes, any piece of paper, parchment, or other materials similarly used with anything written, typed, printed, stamped, engraved, embossed, or impressed upon it, accountants statements, accounting records of any kind, bank statements, minutes of meetings or other minutes, labels, graphics, notes of meetings or conversations or other notes, catalogues, written agreements, checks, announcements, statements, receipts, returns invoices, bills, warranties, advertisements, guarantees, summaries, pamphlets, prospectuses, bulletins, magazines, publications, photographs, work-sheets, computer printouts, telex transmissions or receipts, teletypes, telefaxes, file folders or other folders, tape recordings, and any original or non-identical (whether different from the original by reason of any notation made on such copies or otherwise), carbon, photostatic or photograph copies of such materials. The term "documents" shall also mean and include every other recording of, or means of recording on any tangible form, any form of information, data, communication, or representation, including but not limited to, microfilm, microfiche, any records stored on any form of computer software, audio or video tapes or discs, digitally recorded disks or diskettes, or any other medium whatsoever.
For each "document" responsive to any request withheld from production by you on the ground of any privilege, please state:
(a) the nature of the document (e.g., letter, memorandum, contract, etc.);
(b) the author or sender of the document;
(c) the recipient of the document;
(d) the date the document was authored, sent, and/or received; and
(e) the reason such document is allegedly privileged.
3. "Audit Trail" means a complete, detailed listing of each and every alteration, deletion, inquiry into, modification or other change to the credit report or profile as maintained in recorded form, in the broadest sense, by "you." The listing should include the identity, address, employer and title of the person(s) taking the action, the identity, address, employer and title of the person(s) authorizing the action, a detailed explanation of the action taken, the date of the action, the means used to effect such action, the location of origin of the action and the reason the action was taken. The term "audit trail" also includes the definition provided for the phrase in the FederBush, Federal Trade Commission and Formal Staff Opinion Letter, March 10, 1983.
4. "Data" means the physical symbols in the broadest sense, that represent information, regardless of whether the information is oral, written or otherwise recorded.
5. "Data field" means any single or group of character(s), number(s), symbol(s) or other identifiable mark(s) maintained in a permanent or temporary recording which represent, in any way, an item or collection of information. "Data field" includes all types of data whether maintained in integer, real, character or boolean format.
6. "Database" or "databank" means any grouping or collection of data field(s) maintained, in any format or order, in any permanent or temporary recorded form.
7. "Hardware" means the physical components of a computer or any device capable of maintaining recorded data.
8. "Software" means the entire set of computer programs, procedures, documentation, or other recorded instructions which guide a mechanical device or human in the operation of the computer or mechanical device.
9. "Computer" means any and all programmable electronic devices or apparatuses, including hardware, software, and other databanks, that can store, retrieve, access, update, combine, rearrange, print, read, process or otherwise alter data whether such data maintained in that device or at some other location. The term "computer" includes any and all magnetic recordings or systems, systems operating on or maintaining data in digital, analog, or hybrid format, or other mechanical devices, or other devices capable of maintaining writings or recordings, of any kind, in condensed format, and includes any disk, tape, recording, or other informational source, regardless of its physical dimension or size.
10. "Format" means the general makeup or general plan of organization or arrangement of data.
11. "Identify" means that you should state:
(a) any and all names, legal, trade or assumed;
(b) all addresses used;
(c) all telephone and telefax numbers used;
and, if applicable:
(d) brand, make, manufacturer's name, address, phone number and the manufacturer's relationship to any and all Defendants in the above captioned action; and
(e) employer's name, address, phone number and the employer's relationship to any and all Defendants in the above captioned action.
12. "Person(s)" means any human being, sole proprietorship, limited partnership, partnership, association, group of human beings, other legal or de facto entity, or corporation, of whatever kind.
13. "Credit worthiness" means any item of information which, in any way, represents or bears upon the credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living of a person.
14. "Credit issuer" means any person who extends, purchases or takes assignments of credit to any consumer(s), as the whole or part of their business, regardless of the nature of the arrangement between the consumer and the person issuing credit.
15. "Explain" means to elucidate, make plain or understandable, to give the reason for or cause of, and to show the logical development or relationships thereof.
16. "Describe" means to represent or give an account of in words.
17. "User" means any person or computer which interacts with a different computer.
18. "Personal Identifiers" means a person's name or social security number or other unique data which identifies or is associated with a particular "person".
19. "Credit scoring" refers to numerical assessments, provided by you or any other consumer reporting agency to a subscriber, designed to grade the specific consumer and calculate the risk of granting credit. This term includes all forms of scoring including, but not limited to, application scoring, behavior scoring and credit bureau scoring.
20. "Application scoring" refers to your programs designed to evaluate information on a consumer's application and the consumer's existing credit bureau report, as found on your database, using certain characteristics in predicting repayment.
21. "Behavior scoring" refers to your program designed to assess the credit risk of current customers of your subscriber. The assessment results from an analysis of the targeted consumer's purchase and payment history with your subscriber.
22. "Credit Bureau scoring" refers to your programs to assess the credit risk of a targeted consumer based upon a comparison of that consumer's credit report data with the data from credit reports of other consumers on your consumer credit database using your predetermined characteristics and algorithm to predict future payment behavior of the targeted consumer.
23. "Plaintiff" refers to MELANIE K. PORTERFIELD.
24. "Block" means a group of words, characters or digits that are held in one section of an input/output medium and handled as a unit; e.g., the data recorded on a punched card, or the data recorded between two interlock gaps on a magnetic tape.
25. "Blocking" means combining two or more records into one block usually to increase the efficiency of computer input and output operations.
26. "Block Size" is the number of records per block multiplied by the record size.
27. "Byte" means a group of adjacent bits operated on as a single unit and usually shorter than a word.
28. "Program" means the following: (1) a plan for solving a problem; (2) to devise a plan for solving a problem; (3) a computer routine (i.e., a set of instructions arranged in proper sequence to cause a computer to perform a particular process); (4) to write a computer routine.
29. "Header record" means a machine readable record at the beginning of a file containing data identifying the file and data used in file control.
INTERROGATORIES
INTERROGATORY NO. 1:
Please state the full name, present address, employer, title and occupation of all persons providing information and documents responsive to these requests.
ANSWER:


INTERROGATORY NO. 2:
Please identify all individuals known to you or your attorney who are witnesses to the events described in plaintiff's complaint or to any event which is the subject of any defense you have raised to this lawsuit. For each such person, please provide a brief summary of facts to which each might or could testify. Also for each such person, please state the following:
a) Please state whether each such person is affiliated with, or related to, or employed by any party (or its agents, servants, officers, or employees) to this lawsuit;
b) If any of the persons so listed in response to this interrogatory do not fit the characterization in subpart A above, please describe the nature of their involvement in this lawsuit;
c) Please explain and describe your understanding of their knowledge of such facts.
ANSWER:






INTERROGATORY NO. 3:
Please list, explain and describe documents known to you or believed by you to exist concerning any of the events described in plaintiff's complaint or concerning any of the events which are the subject[s] of any defense[s] you have raised to this lawsuit.
ANSWER:





INTERROGATORY NO. 4:
Please identify each expert witness, your employee or otherwise, you believe may have formed any opinion or consulted with you about the facts or basis of this lawsuit or any defense or allegation you have raised in this lawsuit.
ANSWER:



INTERROGATORY NO. 5:
Please identify all individuals known to you or your attorney who are not witnesses, but who you have reason to believe have knowledge pertinent to the events at issues as alleged in plaintiff's complaint, and provide a brief summary of the facts to which each such person could testify. For each person, please state the following:
a. Please state whether each such person is affiliated with, or related to, or employed by any party (or its agents, servants, officers, or employees) to this lawsuit;
b. If any of the persons so listed in response to this interrogatory do not fit the characterization in subpart A above, please describe the nature of their involvement in this lawsuit;
c) Please explain and describe your understanding of their knowledge of such facts.
ANSWER:




INTERROGATORY NO. 6:
Please state whether any of the individuals listed in the answers to the preceding interrogatories have given any statement[s] to you and, if so, please identify the individual giving the statement, identify the individual to whom the statement was given, the date of the statement, and whether or not the statement was written or recorded and, if it was written or recorded, identify the individual presently in possession of it.
ANSWER:



INTERROGATORY NO. 7:
Please list each exhibit which you may attempt to introduce as evidence at the trial of this case, or which has been used or referred to by any expert witness on your behalf [as called for in interrogatory no. 4].
ANSWER:






INTERROGATORY NO. 8:
For each paragraph of plaintiff's complaint for which you deny the allegations, please explain and describe any facts which you believe may support each denial.
ANSWER:




INTERROGATORY NO. 9:
For the years 1998, 1999, 2000 and 2001, please state, explain and describe each and every expenditure[s] by and resource[s] committed by you to prevent impermissible access to credit reports through your system, explain and describe the mechanism[s] employed and funded, the time frame[s] each mechanism was employed and what percentage of your gross income those expenditures and commitments constituted. Also, if a subscribership and certification process, of any kind, are employed by you, please explain and describe the mechanism[s] employed and funded, the time frame[s] each mechanism was employed and what percentage of your gross income those expenditures and commitments constituted.
ANSWER:





INTERROGATORY NO. 10:
Please state whether you are authorized by Trans Union, L.L.C., TRW Inc., Experian Information Solutions, Inc., Equifax Information Services, Inc. f/k/a Equifax Credit Information Services, Inc., and/or CSC Enterprises d/b/a CSC Credit Services, Inc., [collectively "their"] to access credit reports or other consumer credit data on and by way of any or all of their credit reporting systems during the years, 1998, 1999, 2000 and/or 2001. If so, state whether you were authorized by Trans Union, L.L.C., TRW Inc., Experian Information Solutions, Inc., Equifax Information Services, Inc. f/k/a Equifax Credit Information Services, Inc., and/or CSC Enterprises d/b/a CSC Credit Services, Inc., [collectively "their"] to transmit consumer credit reports to your customers via a credit reporting conduit system during the years, 1998, 1999, 2000 and/or 2001. Please explain and describe the system structure, in software and hardware, the access methods, the steps in the report compilation and transmittal process, your subscriber or reseller agreement with the respective credit reporting agencies, and list [by date, agency, and reason stated] any audits performed by any credit reporting agency[ies] of consumer credit report inquiry activity through your system.
ANSWER:




INTERROGATORY NO. 11:
Please state your net income for the preceding twenty-four (24) quarters.
ANSWER:




INTERROGATORY NO. 12:
Please state the dates and exact contents of each consumer credit report you generated, prepared, compiled or resold, which bore any of plaintiff's personal identifiers.
ANSWER:





INTERROGATORY NO. 13:
Please explain and describe each complaint you received regarding credit report access by any of your co-defendants in this lawsuit. Please provide the personal identifiers of the complainant, the date of the complaint, the date the inquiry was made by your co-defendant, the personal identifiers of the person[s] accessing the consumer credit report, and the nature of the complaint you received.
ANSWER:




INTERROGATORY NO. 14:
Please explain and describe every step you took to investigate your co-defendants prior to this lawsuit.
ANSWER:





INTERROGATORY NO. 15:
Please explain and describe whether you have ever advised any consumer reporting agency[ies] to delete, retract and suppress any consumer credit report inquiry[ies] posted to any consumer's consumer credit report. If your response is in the affirmative, please provide the personal identifiers of the complainant, the date of the complaint, the date the inquiry was made by your co-defendant, the personal identifiers of the person[s] accessing the consumer credit report, and the nature of the complaint you received.
ANSWER:





INTERROGATORY NO. 16:
Please state whether you received any disputes from any consumer reporting agency [15 U.S.C. 1681a[f]] which pertained to plaintiff. If so, when? How? From whom? What were you told? How did you respond?
ANSWER:


Respectfully submitted:



By: __________________________________
David A. Szwak, T.A., LBR#21157
416 Travis St., Ste. 1404
Shreveport, Louisiana 71101
(318) 424-1400
FAX 221-6555
ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE
I hereby certify that a copy of the above and foregoing written discovery has been served upon opposing counsel by placing a copy of same in the United States Mail, properly addressed and first class postage pre-paid on this the ______ day of _______________________, 2002.


______________________________
OF COUNSEL

UNITED STATES DISTRICT COURT
IN AND FOR THE NORTHERN DISTRICT OF OKLAHOMA
TULSA DIVISION

MELANIE K. PORTERFIELD CIVIL ACTION NUMBER:
02-CV-0176EA[J]
Versus

TOTAL INFORMATION
SERVICES, INC., ET AL JURY DEMANDED

STATE OF ____________
PARISH/COUNTY OF ___________

AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared _____________________________________, who is employed by TOTAL INFORMATION SERVICES, INC., whose address is __________________, whose title with his/her employer is ______________________, who produced identification, and who, after being duly sworn, did depose and state that he/she reviewed the interrogatory responses to these requests propounded by Plaintiff and provided the information contained therein. That the responses are true, correct and complete to the best of his/her knowledge and belief. That he/she is the appropriate person on behalf of answering party to provide such information.

signature:_____________________________

name:__________________________________
TOTAL INFORMATION SERVICES, INC.

SWORN TO AND SUBSCRIBED this the ____ day of _____________, 2002, _________ Parish/County, __________________.


__________________________________
NOTARY PUBLIC

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