A F F I D A V I T
STATE OF LOUISIANA
PARISH OF CADDO
BEFORE ME, the undersigned Notary Public, personally came and appeared David A. Szwak, a major domiciliary of Bossier City, Bossier Parish, Louisiana, who after being duly sworn did depose and state, upon personal knowledge, as follows:
* That he is an attorney licensed to practice law in Louisiana. That he has testified by report and/or deposition and/or affidavit in a large number of Fair Credit Reporting Act cases, many of which involved Trans Union, LLC f/k/a Trans Union Corp. [“Trans Union”], a national credit reporting agency. That he has handled, as lead counsel and consulting or secondary counsel, hundreds of cases involving Trans Union as a defendant.
* That he is very familiar with Trans Union’s credit reporting system and archived records due to disclosures made by Trans Union in discovery in litigation. That in numerous cases, Trans Union has voluntarily produced “name scans” which are the only known source of information regarding the state of each credit file in the credit reporting database. That scans are essentially snapshots taken at specified points in time. That the snapshots or “name scans” at taken of each separate data file [grouping or collection of data] existing in the system as of each specific date. That name scans can be used to restore part or all of the credit reporting database and can also be used for research purposes, i.e., to determine how one or more data files appeared during a specific time frame. That data washes into and out of the data files over time so name scans are crucial to determine the content of a specific data file at the specific point in time. That separate data file [data grouping] are compared and culled and the residual files are selected for inclusion in a consumer credit report depending upon the identifiers in the specific data file when compared to the identifiers inputted in the inquiry format data fields. That it is not uncommon to find that numerous data files may relate to the same consumer. That it is also not uncommon that deficiencies in the matching algorithm employed by Trans Union will cause files and data not pertaining to the same consumer or identifiers.
* That name scans are a necessary record in evaluating the state of the credit reporting system historically. That successive scans shows how and when data files come into existence in Trans Union’s system. That the scans show when data files merge or combine. That the scans show the content of the respective files in time periods. That Trans Union has claimed not to archive copies of credit reports upon individual subscriber/user inquiries. That the scans are critical in determining what data appeared in credit reports published by Trans Union to third parties-users when the third party no longer maintains a copy of the reports. That credit report content can be determined from the scans.
* That it is critical to obtain all of the parallel name scans existing in the system. That data files are created and exist in parallel due to differences in the identification data reported in connection with the data reported and placed into the file. That over time, files may be combined with other existing and parallel files depending on the identification data associated with the file. That it is very important to insure that Trans Union produces all of the successive, parallel scans archived and which pertain to the credit reports published upon inquiry about the plaintiff. That despite the creation of a credit report containing multiple data files in the single report, those files may not necessary thereafter be combined or merged together and may continue to exist in parallel and continue to come together with some or all of the same separate files to form a credit report.
* That the name scans do not contain any type of trade secret or proprietary logic or codes and cannot be used to “reverse engineer the match logic or access the system. That name scans are easily and routinely generated and produced in litigation and for research purposes at Trans Union. That the cost to generate the name scans is minimal. That Trans Union has routinely produced the name scans in cases with and without a protective order in place. That the protective order issue has never been used to address name scans but is used to address disclosure of the actual match logic when needed. That name scans are ordinary business records of Trans Union and merely constitute a snapshot of the data contained in a data file on a certain date and time.
David A. Szwak
SWORN TO AND SUBSCRIBED BEFORE ME this the ____ day of __________________________, 2005.
Maximum Possible Accuracy
Postby David A. Szwak » Mon Oct 31, 2005 6:01 am
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