Inaccuracy Case: Interrogatories to Experian

David A. Szwak

Inaccuracy Case: Interrogatories to Experian

Postby David A. Szwak » Tue Nov 01, 2005 7:39 am

 UNITED STATES DISTRICT COURT
IN AND FOR THE NORTHERN DISTRICT OF TEXAS
Dallas Division

TIMOTHY JAMES CARLSON,
Plaintiff,

Versus Civil Action No.
3-02-CV-2654-H

TRANS UNION, LLC, ET AL JURY DEMANDED
Defendants.

PLAINTIFF'S INTERROGATORIES TO DEFENDANT
To: EXPERIAN INFORMATION SOLUTIONS, INC.
Through its attorney:
Cindy Andrew, Esq.
Jones, Day, Reavis & Pogue
2727 North Harwood
Dallas, Texas 75201

PLEASE TAKE NOTICE that you are hereby notified and required to respond to the following Interrogatories propounded by Plaintiff herein, through his attorney of record, David A. Szwak, within thirty (30) days from service hereof in accordance with the provisions of the Federal Rules of Civil Procedure.

You are further placed on notice that these Interrogatories are deemed continuing, requiring supplemental responses thereto in the event requested information become 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 Interrogatories, 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 Interrogatories 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 Interrogatory.

Although one or more of the following Interrogatories 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 Interrogatories contain words or phrases which require you to refer to the "Definitions" section of this document provided herein below.

Unless otherwise stated, each Interrogatory pertains to the time period beginning January, 2001, through the present date. Thus, your responses should be fully answered as they pertain to information within that time frame. Further, each Interrogatory should identify the appropriate time frame, if your response requires same.

DEFINITIONS
1. "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.

2. "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.

3. "Data" means the physical symbols in the broadest sense, that represent information, regardless of whether the information is oral, written or otherwise recorded.

4. "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.

5. "Format" means the general makeup or general plan of organization or arrangement of data.

6. "Identify" means that you should state:
(a) any and all names, legal, trade or assumed;
(b) all addresses used;
(c) all telephone and tele-fax 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.

7. "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.

8. "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.

9. "Describe" means to represent or give an account of in words.

10. "Personal Identifiers" means a person's name or social security number or other unique data which identifies or is associated with a particular "person."

INTERROGATORY NO. 1:

Identify the names, addresses, and telephone numbers of all persons who supplied information responsive to these interrogatories.

ANSWER:


INTERROGATORY NO. 2:

Identify the names, addresses, and telephone numbers of all persons who have personal knowledge of any of the facts, events, or matters that are alleged in plaintiff's complaint, your answer, anticipated answer and/or defenses thereto and describe and explain your understanding of the matters on which the persons named have knowledge.

ANSWER:



INTERROGATORY NO. 3:

Identify all correspondence or documents that refer or relate to any correspondence or communication between you and any other person relating or referring to the facts, acts, events, or matters alleged in plaintiff’s complaint, or your answer, anticipated answer and/or defenses thereto.

ANSWER:



INTERROGATORY NO. 4:

Identify each person whom you may call as an expert witness at trial including name, business address, and telephone number, and the substance of the facts and opinions to which the expert may testify, and summarize the grounds for each opinion. For each such identified person, please explain and describe his or her qualifications and list, by suit caption, court name and location, each matter in which the person has ever been a party, witness, purported expert, or counsel, whether or not the person ever testified or rendered a report.

ANSWER:


INTERROGATORY NO. 5:

Please explain and describe your relationship with each of your co-defendants, including any shared information systems, dispute resolution systems, and agreements to provide services or information.

ANSWER:


INTERROGATORY NO. 6:

Please list, explain and describe documents known to you or believed by you to exist concerning the events described in plaintiff's complaint or concerning any event which is the subject of any defense you have raised to this lawsuit.

ANSWER:



INTERROGATORY NO. 7:

Please identify each employee or non-employee witness or expert witness 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. For each such person identified, please list each and every lawsuit in which that person has testified by affidavit, deposition, trial testimony, or by report furnished to the court or opposing counsel. Please explain and describe the nature of each such statement by the person so identified. Please identify the lawsuit by complete caption, court name, cause number, and date the affidavit, deposition, trial testimony, or report was made, taken or occurred.

ANSWER:



INTERROGATORY NO. 8:

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 your petition, 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. 9:

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. 10:

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.
ANSWER:



INTERROGATORY NO. 11:

For each paragraph of plaintiff's complaint which you deny the allegations, please explain and describe any facts which you believe may support each denial.

ANSWER:


INTERROGATORY NO. 12:

Please state the number of disputes you have received regarding credit reportings by the furnisher defendants, Verizon and RMA, in this lawsuit. With regard to each separate furnisher defendant, please state the global number of disputes for each respective year, the categories of disputes you catalogue under, the description of those categories, an explanation of the types of disputes placed into each category, the dispute codes you sent for each category of dispute, the number of disputes you sent in each category for each respective year, the number of times the furnisher failed to respond to the dispute communication [whether CDV, ACDV or otherwise], the global number of responses the furnisher supplied to your dispute communications for each respective year, the categories of dispute responses you catalogue under, the description of those dispute response categories, an explanation of the types of dispute responses placed into each category, the response codes you received for each category of dispute response, and the number of dispute responses you received in each category for each respective year. Please include those items under each subscriber code you have issued to those furnishers.

ANSWER:



INTERROGATORY NO. 13:

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. 14:

Please explain and describe when, how and under what circumstances you archive, retain or capture account data in any file bearing any of plaintiff's personal identifiers. List the archived data files and reports wherein any personal information about plaintiff or attributed to any of plaintiff's personal identifiers, including the date such data was captured, retained and/or archived, who has possession of those reports, the manner in which the reports are maintained, and the retention policy[ies] regarding those reports. This request includes your normal data file retention processes.

ANSWER:


INTERROGATORY NO. 15:

Please state your net income for the preceding twenty-four (24) quarters.

ANSWER:


INTERROGATORY NO. 16:

Please state the dates and exact contents of each of your reportings, which bore any of plaintiff's[s'] personal identifiers, you made to any person which contained any of the disputed accounts and reportings identified by plaintiff in his complaint in this lawsuit and in written disclosure by plaintiff in this case. Please fully identify the recipient of your reportings.

ANSWER:


INTERROGATORY NO. 17:

Please explain and describe any disputes you received from plaintiff or concerning plaintiff from any third person and explain and describe your actions and disposition of your actions in connection with each contact or communication.

ANSWER:


INTERROGATORY NO. 18:

Please explain and describe each Consumer Dispute Verification or Automated Consumer Dispute Verification [CDV or ACDV] communication or other dispute communication you issued to any furnisher of credit information which pertained plaintiff or any of his personal identifiers. For each such CDV, ACDV or other dispute communication, please identify the furnisher, state the date the item was issued and the date you received any response, explain and describe the dispute conveyed, and fully explain and describe the furnisher’s[s’] response[s] on each such occasion.

ANSWER:


INTERROGATORY NO. 19:

Please state whether you published credit score[s], and separately, risk factors/adverse action factors and codes regarding plaintiff on any consumer report. If so, please state the date of each such report, the score you attributed to plaintiff, the scale[s] used to measure the score, the percentile correlating to the score, the factors you attributed to plaintiff, the meanings of each such factor, and whether you mandate the user to list those factors in adverse action communications if your consumer report was used as a factor in that determination.

ANSWER:


INTERROGATORY NO. 20:

Please list, explain and describe each and every code contained in each reinvestigation record and file and retained computer record and screen/file you generated and accessed regarding plaintiff. For each such code, please also explain and describe, in detail, the purpose of such code, the content of such action, the duration of such action, and the reason you permitted such action or entry.

ANSWER:


INTERROGATORY NO. 21:

For each person listed in your disclosure, please list by court name, suit caption, date of testimony or affidavit, and nature of testimony or affidavit, each and every occasion such employee or purported expert has previously testified by affidavit, deposition and/or trial testimony, and whether he or she rendered a report offered in either trial or dispositive motion practice. Please identify each such person referenced.

ANSWER:


INTERROGATORY NO. 22:

Please explain and describe each Universal Data Form or Automated Universal Data Form [UDF or AUDF] communication you received from any furnisher of credit information which pertained plaintiff or any of his personal identifiers. For each such UDF, AUDF or other reporting correction communication, please identify the furnisher, state the date you received the communication, and explain and describe the correction requested by the furnisher, and fully explain and describe your actions in response on each such occasion.

ANSWER:

Respectfully submitted,

Bodenheimer, Jones, Szwak & _, LLP


By: ___________________________________
David A. Szwak, La.BR #21157, TA
416 Travis Street, Suite 1404
Mid South Tower
Shreveport, Louisiana 71101
(318) 424-1400
FAX 221-6555
Counsel for Plaintiff

CERTIFICATE OF SERVICE
I hereby certify that a copy of the above and foregoing has been served upon defendant's counsel of record by placing a copy of same in the United States Mail, properly addressed and first class postage pre-paid on this the ______ day of __________________, 2003.
____________________________________
OF COUNSEL

UNITED STATES DISTRICT COURT
IN AND FOR THE NORTHERN DISTRICT OF TEXAS
Dallas Division

TIMOTHY JAMES CARLSON,
Plaintiff,

Versus Civil Action No.
3-02-CV-2654-H

TRANS UNION, LLC, ET AL JURY DEMANDED
Defendants.


STATE OF ____________
PARISH/COUNTY OF ___________

AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared _____________________________________, who is employed by EXPERIAN INFORMATION SOLUTIONS, INC., whose address 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:______________________________________________
EXPERIAN INFORMATION SOLUTIONS, INC.

SWORN TO AND SUBSCRIBED this the ____ day of _____________, 2003, _________ Parish/County,
__________________.

__________________________________
NOTARY PUBLIC

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