1 UNITED STATES DISTRICT COURT
2 FOR THE EASTERN DISTRICT OF VIRGINIA
3 RICHMOND DIVISION
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
14 DEPOSITION OF DEBRA SENEWAY
17 Washington, DC
18 Tuesday, June 15, 2004
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.
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
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
20 MR. MCLOON: Objection; vague as to the
21 term "properly."
22 BY MR. BENNETT:
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
7 MR. MCLOON: That's an incomplete
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
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
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
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
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.
1 THE WITNESS: Not really.
Names, Types, Descriptions, Testimony
- General Discussions, Forum Registration, and ID Theft and Credit-Related News Stories
- General Discussion
- News Stories on Identity Theft, Personal Data Thefts and Credit Reporting Abuses
- Current Cases
- Lawyer Jokes
- FCRA Statute and Defined Terms Under the FCRA
- FCRA Statute And Amendments: 15 U.S.C. 1681, et. seq.
- What is a Consumer [Credit] Reporting Agency?
- What is a Consumer [Credit] Report?
- Resellers: Who are They? What Do They Do? Are They Liable Under the FCRA?
- Investigative Consumer [Credit] Reports
- Who is a Furnisher?
- How to Get Your Credit Reports and How and Who to Write Your Dispute Letters to
- How To Get Your Credit Reports
- Dispute Letters
- Do You Have To Pay For Your Credit Report?
- FCRA Private Rights of Action and Duties Imposed by the FCRA
- Impermissible Access: 15 U.S.C. 1681b[f] and 1681q
- Front End Duties of the Credit Reporting Agencies: 15 U.S.C. 1681e(b)
- Back End Duties of the CRAs: 1681i[a]:
- Credit Bureau's Duty to Provide Consumer Documentation to Furnisher: 1681i[a][B]
- Duty to Add a Consumer's Dispute Statement in Association with a Specific Account and In Connection with the Credit File/Report: 15 U.S.C. 1681i[c]
- Furnisher FCRA Liability: 15 U.S.C. 1681s-2
- Failing to Mark Contested Accounts As Disputed: 15 U.S.C. 1681s-2[a]
- Obsolescence: When Must the Credit Reportings Come Off of the Credit Report: 15 U.S.C. 1681c
- Duty to Notate Disputed Accounts As Such: 15 U.S.C. 1681c[f]
- Adverse Action Notice Rules: 15 U.S.C. 1681m and ECOA
- Credit Solicitations Are Required to be Clear and Conspicuous: 1681m[d]
- Potential Exposure For Sanctions Due to Filing Bad Faith FCRA Cases: 15 U.S.C. 1681n[c], 28 U.S.C. 1927, and Fed.R.Civ.Proc. 11
- Credit Repair Organizations Act [CROA]
- 1681g: Credit Bureaus' Duties to Provide Reports/Disclosures and to Add 100 Word Statements of the Consumer
- Affiliate Sharing Problems and Violations, 15 U.S.C. 1681s-3
- Common Credit Report Errors and Agency Misconduct
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- Re-Aging: Debt Collector's Efforts to Revive Obsolete Reportings
- Reinsertion of Previously Deleted Data: How and When Can It Happen?
- VIP Databases and Offline Status
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- Causation: The Crucial Link Between Breach of a Duty and Damages
- Causation to Damage [Proving Your Damages Are Related to and Caused by the Defendants
- Types of Damages, Remedies, and Awards Under the FCRA and Related State Law Claims
- Damages Under FCRA
- Punitive Damages: 15 U.S.C. 1681n
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- Attorneys' Fees, Litigation Expenses and Costs:
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- FDCPA Statute And Amendments: 15 U.S.C. 1692, et. seq.
- Fair Credit Billing Act, 15 U.S.C. 1666, et. seq.
- Identity Theft and Assumption Deterrence Act of 1998, 18 U.S.C. §1028
- Home Affordable Modification Program (“HAMP”) and Home Affordable Foreclosure Alternatives Program (“HAFA”)
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- Invasion of Privacy: State Law
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- Removal of FCRA Cases From State Court To Federal Court
- Personal Jurisdiction and Venue in Credit Reporting Cases
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- Offers of Judgment In FCRA Litigation
- Secret Documents, Product Information and Testimony
- Choicepoint Secret Documents:
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- Innovis Secret Documents:
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- Respondeat Superior, Vicarious Liability, and Whether Others Are Liable
- Liability For Employee's FCRA Violations? Liability For FCRA Violations by Third Parties?
- FCRA Preemption, Immunity, and Qualified Immunity
- FCRA Preemption: 15 U.S.C. 1681t[b][F] and Related Discussions
- FCRA Qualified Immunity: 15 U.S.C. 1681h[e] and Related Discussions
- States/Govermental Immunity From FCRA Claims?
- Jury Voir Dire, Instructions, Verdict Forms, etc.
- Jury Instructions and Jury Verdict Forms
- Jury Questionnaires, Voir Dire, Jury Selection and Jury Bias
- Credit Card Issues
- Credit Card Liabilities
- Do You Have a Right to Bring Claims and How Long Do You Have?
- Statute Of Limitation: 15 U.S.C. 1681p
- Standing to Sue
- Credit Scores, Adverse Action Codes, and Other Report Codes
- Credit Scores, Adverse Action Codes, Risk Factors, Denial Codes and Other Scores and Codes Supplied by the Credit Reporting Agencies
- The Mechanics of Credit Reporting
- Public Records Reportings [Non-Bankruptcy]
- Bankruptcy Reporting
- Student Loan Credit Reporting
- Metro Tape [I and II]: Standardized Credit Reporting Formats Used by the Credit Industry
- Defenses Asserted by Credit Reporting Defendants
- What Law Applies? Problems Barring Use of the Court and Law
- Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
- Conflicts of Laws Issues in FCRA and Related State Law Issues
- Standing and Statutes of Limitations
- Statute Of Limitation: 15 U.S.C. 1681p
- FCRA Legal Forms [Suits, Discovery, etc.]
- Discovery: Interrogatories, Requests For Production of Documents, Requests to Inspect, Requests For Admissions, Deposition Notices, Subpoenas, Deposit
- FCRA Sample Pleadings: Complaints, Motions, Oppositions and Other Standard Lawsuit Filings
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