XPN ECOA/ASSOCIATION CODES

Names, Types, Descriptions, Testimony
David A. Szwak

XPN ECOA/ASSOCIATION CODES

Postby David A. Szwak » Wed Nov 23, 2005 7:29 pm

1
1 UNITED STATES DISTRICT COURT
2 FOR THE EASTERN DISTRICT OF VIRGINIA
3 RICHMOND DIVISION
4
5 - - - - - - - - - - - -x
6 NANCY B. AYERS, :
7 Plaintiff, :
8 vs. : Civil Action Number
9 EXPERIAN INFORMATION : 3:03CV1048
10 SOLUTIONS, INC., :
11 Defendant. :
12 - - - - - - - - - - - -x
13
14 DEPOSITION OF DEBRA SENEWAY
15
16
17 Washington, DC
18 Tuesday, June 15, 2004

42
12 Q Without looking at -- can you tell me what
13 a ECOA code is?
14 A An ECOA code?
15 MR. MCLOON: No one calls it that.
16 Q I'm supposed to be an ECOA expert rather
17 than --
18 MR. MCLOON: No one says ECOA.
19 THE WITNESS: The ECOA code indicates how
20 a borrower is associated to an account, whether they
21 are individually responsible or joint contractual,
22 and there are some others.

43
1 BY MR. BENNETT:
2 Q Okay. Do you know what, in 2003, a Metro
3 1, ECOA code 1 would be? What would that indicate?
4 A That is individual.
5 Q And the same period, same Metro 1, ECOA
6 code 2?
7 A That is a joint account with contractual
8 responsibility.
9 Q And ECOA code 3?
10 A Is an authorized user.
11 Q What's the difference between somebody who
12 has ECOA code 2 versus ECOA code 3?
13 A ECOA code 3 is typically used for credit
14 cards where a borrower can use the card but they are
15 not responsible for payment.
16 Q So would a creditor, under Metro 1,
17 properly report an account status or history to
18 somebody who is a Metro -- who is an authorized
19 user?
20 MR. MCLOON: Objection; vague as to the
21 term "properly."
22 BY MR. BENNETT:

44
1 Q Well, under Metro 1, if an account or if a
2 consumer had a credit account record with this ECOA
3 code 3, authorized user, would the status or history
4 of that account show up on a credit report if they
5 were following -- if everybody was following Metro
6 1?
7 MR. MCLOON: That's an incomplete
8 hypothetical.
9 MR. BENNETT: That's a bad question. Let
10 me rephrase it.
11 BY MR. BENNETT:
12 Q Under Metro 1, what is the actual
13 distinction in reporting, on how an account is
14 reported between somebody who is only an authorized
15 user versus somebody who has joint contractual
16 responsibility?
17 MR. MCLOON: I think the question is
18 vague, but you may respond.
19 BY MR. BENNETT:
20 Q Do you understand my question?
21 A I think so. In Metro 1, each borrower is
22 reported with the specific information that applies

45
1 to them, such as contractual responsibility or
2 authorized user, and the remainder of the account is
3 reported the same.
4 Q And by "the remainder of the account,"
5 would you also include status and history and
6 balance?
7 A Yes.
8 Q So if a creditor -- if a consumer is only
9 an authorized user with an ECOA code 3, should
10 Experian be reporting the account balance, payment
11 history, and account status for that authorized
12 user?
13 MR. MC LOON: Counsel, by using the term
14 "should," you're asking for an opinion. This is not
15 an expert witness, and you're really posing what
16 amounts to be a hypothetical question without all
17 the facts.
18 Q Is there anyone at Experian who knows more
19 about the proper workings of the Metro 1 and Metro 2
20 formats than you?
21 MR. MCLOON: There's no foundation for her
22 to answer that.

46
1 THE WITNESS: Not really.

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