1 IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
2 MARSHALL DIVISION
3 DIANA A. POULSON, *
vs. * CASE NO. 2:05CV75
TRANS UNION, LLC, CSC CREDIT *
6 SERVICES, INC., EQUIFAX *
INFORMATION SERVICES, LLC, *
7 EXPERIAN INFORMATION *
SOLUTIONS, INC., DISCOVER *
8 FINANCIAL SERVICES, INC., *
USAA CREDIT CARD BANK, SEARS *
9 ROEBUCK & CO., INC. AND *
CITIBANK [USA], N.A., *
10 * JURY DEMAND
Defendants. * JUDGE DAVIS
12 ORAL AND VIDEOTAPED DEPOSITION OF
13 KIMBERLY KAY HUGHES
14 NOVEMBER 18, 2005
16 ORAL AND VIDEOTAPED DEPOSITION OF KIMBERLY
17 KAY HUGHES, produced as a witness at the instance of
18 the Plaintiff, taken in the above-styled and numbered
19 cause on the 18th day of November, 2005, from
20 10:23 a.m. to 4:28 p.m., before Frances M. Blacha, a
21 Certified Shorthand Reporter in and for the State of
22 Texas, reported by machine shorthand, in the offices of
23 Jones Day, 2727 N. Harwood Street, Dallas, Texas 75201,
24 in the City of Dallas, County of Dallas and State of
1 Texas, in accordance with the Federal Rules of Civil
5 Q Okay. Now, let me first ask you about the
6 content of her letter. Does it appear that her letter
7 adequately identifies who she is?
8 MS. ANDREW: Objection, form.
9 A The letter does provide her full name, her
10 current mailing address -- I'm sorry -- her date of
11 birth and her Social Security number. So, yes, I
12 believe she did identify herself.
13 Q Do you feel like there would be adequate
14 identifying information for you-all to be able to
15 locate the appropriate credit record?
16 MS. ANDREW: Objection, form.
17 A Yes.
18 Q Okay. Now, if you could, could you tell me
19 what is she asking of Experian in Exhibit 7?
20 A She's asking that -- or she's notifying
21 Experian that she has a dispute with information in her
22 credit reports. The disputes that she lists are
23 numbered 1 through 11.
24 The first is a credit summary on balance
25 of real estate accounts I believe in another credit
2 The second thing is that she's
3 indicating a Major Purchase account should only be in
4 the name of her ex-husband.
5 A First USAA account should only be in
6 the name of her ex-husband.
7 A Beneficial account should only be in
8 the name of her ex-husband.
9 A Credit First account that should only
10 be in the name of her ex-husband.
11 A JC Penney account in the name of her
13 A Discover Financial account should read
14 in the name of her ex-husband.
15 Bank One Ohio, stating that it should
16 also be in the name only of her ex-husband.
17 A Montgomery Ward account -- she's
18 indicating this account should read individual in her
19 name only and that it should read closed.
20 A USAA account that should be in the
21 name of her ex-husband only.
22 And Sears, that should be in the name of
23 her ex-husband only.
24 Q Okay. On the USAA account, does she identify
25 an account number?
1 A She provides a partial account number, and
2 the account number ends in 2370.
3 Q And what about with regard to the Sears
4 account, does she identify an account number?
5 A She also truncates that number, but provides
6 the last four digits of 4825.
7 Q And what about with regard to the Discover
8 account number?
9 A That number is also truncated from the
10 beginning, but lists the last four digits of 8650.
11 Q Okay. 8650?
12 A We were talking about Discover; correct?
13 Q Yes, ma'am.
14 A Yes, that's correct.
15 Q When we looked at Exhibit Number 6, the
16 credit report from Experian, does Experian truncate the
17 account numbers on its credit reports?
18 A It does.
19 Q Or disclosures?
20 A Yes, sir, the last four digits are truncated.
21 Q Do you believe that the account numbers
22 supplied by Ms. Poulson were adequate for Experian to
23 identify which account she was complaining about?
24 A Well, Experian would make an effort to
25 identify those. And, knowing that Experian truncates
1 the last four digits on the consumer disclosure, we
2 would also check not only the last four digits for a
3 match, but the preceding four digits for a match,
4 because the preceding four would be what may display on
5 the consumer disclosure.
6 Q Now, I take it as a result of Ms. Poulson's
7 letter being received at Experian that you-all would
8 have initiated a reinvestigation; is that true?
9 A That is correct.
10 Q Now, Ms. Poulson's letter -- I guess the body
11 of the letter is roughly three pages? There are three
12 separate pages to the letter?
13 A Yes, that's correct.
14 Q Now, attached to the letter she provided you
15 a series of items; is that true?
16 A Yes, there are documents attached.
17 Q And there's a listing of those items shown on
18 the third page of her letter?
19 A Yes, that is correct.
20 Q If you could tell me what -- just from your
21 review of the items that she supplied, did you find
22 that those items were the type of consumer
23 documentation that would be helpful to Experian in
24 understanding her disputes?
25 A I could do that without even looking at them,
1 because Experian does consider and review all relevant
2 information provided by the consumer in order to best
3 describe the consumer's dispute to the reporting
5 Q Okay. Does Experian supply a copy of the
6 consumer documentation to its furnisher?
7 A No, it does not.
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