Names, Types, Descriptions, Testimony
David A. Szwak


Postby David A. Szwak » Sun Nov 27, 2005 8:48 am

4 V. * Civil Action No.
* CV03-1340-S
12 JUNE 8, 2004
18 STAFFORD, produced as a witness at the instance of the
19 Plaintiff, taken in the above-styled and numbered cause on
20 the 8th day of June, 2004, at 9:57 a.m., before Frances M.
21 Blacha, a Certified Shorthand Reporter in and for the State
22 of Texas, reported by machine shorthand, in the offices of
23 Jones Day, 2727 N. Harwood Street, Dallas, Texas 75201, in
24 the City of Dallas, County of Dallas and State of Texas, in
25 accordance with the Federal Rules of Civil Procedure.

20 Q So a TII inquiry can be any number of
21 administrative accesses, either for an NX report or 7X or
22 the administrative report; is that true?
23 MR. McLOON: Objection. That's beyond the
24 scope of the witness's designation under Rule 30(b)(6) and
25 there's no foundation for that.

1 A I don't know.
2 Q Okay. What about the CNX inquiries that are
3 listed on Exhibit A, are those inquiries that are requests
4 for initial disclosures by the consumer?
5 A I'm going off memory, but I believe that the CNX
6 indicator there could indicate that some type of disclosure
7 was produced.
8 Q Okay. How many times a day do you review
9 administrative reports?
10 A Several days could go by, if not longer than
11 that, without reviewing an administrative report.
12 Q How did you learn to read an administrative
13 report?
14 A Well, once I came across an administrative report
15 -- some of the information on here, for example, under the
16 account information, you can match up and see where it says
17 subscriber and it has subscriber's name, subcode number,
18 subcode number, account number, account number, and you can
19 line it up and see which information corresponds with that
20 data.
21 Q In essence, the administrative report is a
22 detailed report in a standardized format that permits you to
23 look at each particular item on the report and tell how it
24 was reported and when it was reported to Experian; correct?
25 MR. McLOON: Objection. Questions about how

1 data is reported to Experian are beyond the scope of this
2 witness's designation under Rule 30(b)(6) and there's no
3 foundation for her to answer that question. You may
4 respond.
5 A Well, I can tell you, for example, under the
6 account information, it will give me a listing where the
7 subscriber -- where the creditor's information, the status
8 of the account, the account number, the condition of the
9 account.
10 Q Are you able to go back historically and look at
11 prior administrative reports that were accessed on a
12 particular consumer when you're doing research in your job?
13 A It's my understanding if an administrative report
14 was not pulled prior, no, we would not be able to pull a
15 prior -- well, let me see if I understand your question.
16 You're asking me can I pull a prior
17 administrative report on past data?
18 Q Well, let me ask you this: If you were looking
19 at Mr. Carriere's credit file on September 30 --
20 A Uh-huh.
21 Q -- of 2003, as shown in this Exhibit A, and it
22 showed that there was a prior administrative report that had
23 been accessed, would you have the ability in your system to
24 go back and look at how the prior administrative report
25 appeared?

1 MR. McLOON: Incomplete hypothetical,
2 assumes facts not in evidence.
3 A I don't believe so, but that would be more of a
4 systems question.
5 Q But have you ever done it?
6 A No.
7 Q You've never looked back historically at a prior
8 administrative report that was accessed before the date that
9 you were pulling an administrative report for review?
10 A No.
11 Q What about a 7X report, can you look back
12 historically at 7X reports?
13 A I don't believe so.
14 Q Now, an NX report is a different type of report;
15 is that true?
16 A Yes.
17 Q And the difference between the NX report and the
18 7X report is that it highlights for you changes or
19 alterations that have been made in file through manual
20 maintenance at Experian; is that true?
21 MR. McLOON: Objection. No foundation.
22 A Well, the 7X report would show me, for example,
23 if a particular account was removed from file, I could see
24 that it was removed based on the 7X report, where on the NX
25 report it wouldn't show.

1 Q Well, what is the difference then, in your view,
2 between a 7X report and an NX report?
3 MR. McLOON: Objection. No foundation.
4 A Just that. You would be able to see from the 7X
5 report if an account was removed versus the NX report it
6 wouldn't show. And the NX report would be more the updated
7 consumer version to be sent to the consumer.
8 Q So an NX report is an updated version after
9 changes have been made and you would not be able to view the
10 changes that had been made; correct?
11 A We could always access a D/R log to determine
12 that information. But as far as, as I said earlier, the NX
13 would not show a deleted account.
14 Q I want to make sure that we separate out the
15 different documents at Experian.
16 One is a disclosure log. You-all have a
17 disclosure log; right?
18 A Yes.
19 Q And that tells you each time a consumer has
20 requested a credit report that you've responded under that
21 particular credit file; correct?
22 A Yes. The disclosure log would show the dates in
23 which we distributed a disclosure.
24 Q Of a particular credit file tied to a particular
25 PIN number; is that correct?

1 A Yes.
Last edited by David A. Szwak on Sun Nov 27, 2005 2:51 pm, edited 2 times in total.

David A. Szwak

Postby David A. Szwak » Sun Nov 27, 2005 2:46 pm

16 Q Okay. Now, to your knowledge, have you reviewed
17 any 7X reports that predated July 15 of 2003?
18 A No.
19 Q Okay. What about an NX report, have you reviewed
20 any of your NX reports? Or would that be what you would
21 call a disclosure version?
22 A Yes.
23 Q You've reviewed those; right?
24 A Right.
25 Q Okay. Now, I want to kind of draw this to this

1 one question.
2 As you sit here today, you're not able to
3 tell the court what personal identifiers were associated
4 with those three bankruptcies that have appeared in my
5 client's credit file; is that correct?
6 A Yes.
7 Q And the same would be true of the -- what has
8 been labeled as an Acadia County District Court tax lien;
9 correct?
10 MR. McLOON: Can I have a moment, please?
11 Thank you.
12 Q That should be the fourth item that appears.
13 A Yes, I see it.
14 No.

David A. Szwak

Postby David A. Szwak » Sun Nov 27, 2005 2:52 pm

19 Q Okay. Now, we know that on March 12, 2003,
20 there's a notation, we've got a possible mixed file issue,
21 and we know from earlier discussions we had -- I don't want
22 to belabor them too much, but we know that there was an
23 employee, Robin Jones, who went into Mr. Carriere's credit
24 file and altered a lot of personal identification data. Is
25 that true?

1 A Well, she updated some personal identification
2 information.
3 Q Now, if we -- if we look at exactly what did
4 Ms. Jones have in front of her at the point in time when she
5 decided to do this, we know that presumably she would have
6 had access to the D/R log as it existed at that point in
7 time. Is that a fair statement?
8 A In March -- are you referring to March 2000 --
9 Q March 2003.
10 A She would have had access to the D/R log.
11 Q We don't know if she looked at it, but we know
12 she would have had access to it; right?
13 A Right.
14 Q She could look at the disclosure log and see
15 where he had previously received copies of his credit
16 reports; right?
17 A Yes.
18 Q She would have had access to an administrative
19 report or whatever it would have appeared to be at that
20 point in time; is that true?
21 A She -- as far as my understanding, they typically
22 do not pull administrative reports.
23 Q To unravel a mixed file they don't pull
24 administrative reports?
25 A They could.

1 Q But is it part of your policies and procedures to
2 have them do that when they're trying to unravel a mixed
3 file?
4 A They may not necessarily need the administrative
5 report.
6 Q To your knowledge, is there a better report or
7 pool of information at Experian to review when you're
8 considering a mixed file issue other than an administrative
9 report?
10 A I don't think there's a better report. Sometimes
11 they can see the information as it is on file and make their
12 determinations.
13 Q Is that what you call in a 7X format?
14 A They can look at the 7X version.
15 Q The 7X is very similar in format to the
16 administrative report; right?
17 A Yes. Or they contain a lot of the same
18 information.
19 Q Is there another format that exists in the system
20 -- as you said they can see all information -- what would
21 that format be called?
22 A They can see -- I'm sorry, when you say all
23 information --
24 Q Yes, ma'am. You described for me that they don't
25 really need an administrative report or presumably a 7X

1 report to unravel a mixed file at Experian; they can look
2 into the system and see all information. And exactly what
3 format is that called when you say they can look in and see
4 all of it?
5 A Well, sometimes based on the 7X version they'll
6 be able to do some matching criteria. We'll still have some
7 information on the NX version of the report.
8 Q The NX is the updated version; right? After
9 changes are made?
10 A Yes.
11 Q So is it -- I still go back to the question of if
12 you're trying to unravel a mixed file and you need to know
13 what names and addresses and Social Security numbers are
14 reported in by the respective persons whose accounts or
15 public record items are appearing in the report, is there a
16 better format for your representative to have access to
17 other than the administrative or 7X format that have the
18 name and address rows?
19 A No. Those two reports would be the reports that
20 we would utilize.
21 Q Are all of these ladies given access to the
22 administrative and 7X report formats?
23 MR. McLOON: Objection. Vague.
24 A Well, everyone basically has access to the 7X
25 report if they conduct any disputes on behalf of consumers

1 or for the consumer. As far as access to the administrative
2 report, if they needed it, they would be able to obtain an
3 admin report.
4 Q Okay. But as far as you're concerned, the 7X is
5 basically in the same format as the administrative report.
6 In essence, it gives you name and address row information
7 and tells you basically how the creditor has been reporting
8 in the information; right?
9 MR. McLOON: Objection with respect to the
10 question of reporting being outside her scope. Beyond that
11 I don't have any objection.
12 A Yes. The 7X report would give us the name and
13 address tables.
14 Q Okay. Now, but this is a real important point.
15 If you're conducting a reinvestigation and
16 you look at the 7X or administrative report and you're
17 looking at the name and address row tables --
18 A Uh-huh.
19 Q -- to the best of your knowledge at Experian,
20 that is the manner in which the creditor reported and not
21 some independent source of identification data that Experian
22 has attributed to a particular account; right?
23 MR. McLOON: Objection. Beyond the scope of
24 the designation.
25 Q And we're talking about reinvestigation issue.

1 MR. McLOON: Still same objection. Assumes
2 facts not in evidence.
3 A Let me make sure I understand the question. If
4 you're asking me if the particular name and address is
5 associated with a particular account, unless there's some
6 type of maintenance activity that's done either through the
7 creditor, by Experian or by other behind-the-scenes means,
8 that from an investigation standpoint we would try and align
9 the name and address rows with the particular account.
10 Q Okay. But my point is is that when you're doing
11 a reinvestigation and you're looking into the records to try
12 to decide whether some consumer is right or wrong about the
13 way an item is reported, that you have an expectation that
14 if the N equals listed below the accounts says N equals and
15 it correlates up to the name row table, that that's what the
16 creditor is telling you at that point in time; right?
17 MR. McLOON: Objection. Assumes facts not
18 in evidence.
19 Q I can give a specific example. I mean, we can
20 look at the administrative report and talk about one that
21 actually has an entry next to it and see if that helps.
22 Let me give you one example. Here on
23 Page -- it's Page Experian 469 in Exhibit A, there's a
24 Dillard's Department Store account, the last one on the
25 page, it has N equals 19266, but no address listed.

1 If you were reinvestigating this particular
2 Dillard's account and you were looking at the data on the
3 trade, as a reinvestigation person, are you reasonably
4 expecting that the lender reported that name row element so
5 that you can cross reference it back up here and see how
6 it's being reported?
7 A Well, we're not necessarily basing it on whether
8 or not the lender. We're basing it on is the name that is
9 associated with that particular account based on the name
10 and address row.
11 Q I thought we just said the same thing, just two
12 different ways.

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