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
4 Q I think when we left off we were looking at
5 the administrative report from Experian, and I want to
6 -- I want to ask you about some information that is
7 contained in the inquiry log of the administrative
8 report pertaining to certain types of inquiries.
9 Do you have knowledge of the different
10 types of inquiries that post -- when Experian makes an
11 access of a report they post a particular type of
12 inquiry. Do you know what those decode to mean?
13 A Certain ones I may. I'll just have to answer
14 that on a case-by-case basis.
15 Q Let me ask you about, for example, TII. Does
16 that mean that there was a disclosure of the report
18 A My understanding of TII is for administrative
20 Q Okay. What about ADM, would that be an
21 administrative report?
22 A That's correct.
23 Q Okay. Would -- CNX, would that be a
25 A CNX is -- it's like consumer NX. It's a --
1 it's a frozen consumer credit report. And it's
2 accessing of a disclosure. And you'll see those
3 notated where a disclosure was actually accessed, and
4 then you'll see those when a CDF was generated to a
6 Q So a CNX disclosure could be either a CDF, a
7 consumer disclosure final, what is -- what we would
8 call a post reinvestigation report? Is that a fair
10 A Yes, it can be.
11 Q Or it could be a disclosure, which is a CDI,
12 which would be your front-end copy of a credit file to
13 the consumer. Is that a fair statement?
14 A That's correct. It can also be the creation
15 of a disclosure where one is not sent to a consumer.
16 For instance, if you create the disclosure for the
17 purpose of making the entries for the disputes, that
18 still is captured in an inquiry format.
19 Q So that would be like an internal capture or
20 an internal report for review?
21 A That's correct. It would capture the
22 information that was on file at the time that that
23 report was accessed.
24 Q Now, there is a designation of CAU. Do you
25 know what that means?
1 A I don't.
2 Q All right. According to the administrative
3 report, there was some activity with Experian accessing
4 this file on September 7, 2001, and September 8 of
5 2001, and I was curious if you could tell me about
6 those events. It's on Experian 346 of Exhibit 19.
7 They both show to be CNX inquiries. And I was going to
8 ask you what happened on that date.
9 A One of those 9/7 -- the first one dated
10 9/7/01 is the access or creation of the actual consumer
11 disclosure. The one for 9/8/01 is in a CDF format and
12 indicates that some sort of communication was sent to
13 the consumer.
14 Q What was the date of the report we looked at
15 a moment ago, the credit report copy?
16 MS. ANDREW: We had the letter.
17 Q You had -- you had a disclosure log from
18 September; right?
19 A It was Exhibit 3.
20 Q Okay. Does it relate to those two inquiries?
21 A I believe that it does.
22 Q Is it -- what is the date of the disclosure
23 log on the disclosure log?
24 A One date is 9/4/01; one date is 9/7/01.
25 Q Okay. So you believe on 9/4/01 there was a
1 request received from Ms. Poulson for a copy of her
2 report or some -- I think you told me in 2001 there
3 were some disputes that she made.
4 A That's correct.
5 MS. ANDREW: Objection, form.
6 Q Is that right?
7 A Yes, that's correct.
8 Q Okay. So on 9/7 of '01 you believe you-all
9 would have sent her a disclosure report?
10 A No, sir. On 9/7/01 we would -- we created
11 and accessed her disclosure to process her
12 investigation request.
13 Q That would be like an internal access and
14 copy of a report?
15 A Correct.
16 Q And that's snapshotted in your records so you
17 know what that looks like because there's a reference
18 number to it?
19 A The CAPID number would be its reference.
20 Q Okay. So if we're looking at Experian 346 on
21 the administrative report where it says REF equals
22 23309-6787, is that the archive reference number?
23 MS. ANDREW: Objection, form.
24 A That's a -- it corresponds to the report
25 number that was created at that time.
1 Q And that's a CAPID number?
2 A That's correct.
3 Q So if you-all wanted to search back in your
4 records to see what a report looked like, you could go
5 back to the CAPID number if it's still archived in your
6 system and you could pull it up?
7 MS. ANDREW: Objection, form.
8 A In that capacity we would request the archive
9 retrieval for the entire PIN, which would encompass all
10 the CAPID numbers. It is my recollection from this
11 packet that that -- the archive retrieval for this
12 consumer did not produce that particular frozen
13 snapshot. It was unavailable, but there are occasions
14 where it could be available.
15 Q Now, on the very next day, September 8, 2001,
16 we see a reference number, but the reference number
17 from the prior day, the same exact CAPS number, but it
18 ends with 9999. Is that an indication it was a post
19 reinvestigation or CDF report?
20 A Yes. It's indicating that it was some sort
21 of response to the consumer.
22 Q Okay. But it's a -- more or less a
23 concluding response to the consumer when you add the
24 designation of 999 to the CAPID number?
25 MS. ANDREW: Objection, form.
1 A It is the -- it is referenced as a CDF or
2 consumer disclosure final. I just want to make the
3 distinction that there may not always be investigation
4 results. There may just be educational material sent.
5 Q Okay. Thank you.
6 All right. And I believe that we looked
7 at a moment ago -- we're still on Exhibit 19, but we
8 were on the prior page Bates labeled 345. There are
9 two inquiries, and one of the inquiries goes on to the
10 next page, both on February 11 of 2002. And we looked
11 at the credit report copy, the disclosure that was sent
12 to Ms. Poulson on February 11 of 2002. You believe
13 that this would be the document that is indicated on
14 the inquiry log in the administrative report?
15 A Yes.
16 Q Now, we know -- there's a CNX. That would be
17 the disclosure. Do we -- and based upon now looking at
18 this report in connection with the administrative
19 report, is there any way to know what that other
20 inquiry would have involved, a CAU?
21 A My vague understanding of that is that it's
22 some sort of system authentication, because the
23 consumer is coming and self-servicing online, so it's
24 some sort of authentication process that the system is
25 going through in order to provide the consumer with
1 that Internet disclosure.
2 Q Okay. That makes sense. I appreciate that.
3 Thank you.
4 Okay. It appears to me that during the
5 year 2003 there was no activity in Ms. Poulson's file
6 that related to her communicating with Experian or
7 Experian communicating back to her. Does that -- that
8 appear to be accurate?
9 A Yes, sir, it does.
2 Q Okay. On that particular inquiry it appears
3 that whoever pulled the report at Experian did not
4 enter a particular name or address. Is that true?
5 A There are no name -- name or address
6 information listed there, and so that -- and without
7 there being an inquiry type like a CNS or CNX, you
8 can't really assume that it was someone accessing a
9 report. It could be some sort of system maintenance.
10 There's no way for me to determine from this what area
11 or even what the purpose was for that inquiry.
12 Q Do you know whether those particular
13 inquiries are system maintenance?
14 A No, I don't. But if it were someone in the
15 National Consumer Assistance Center accessing a report,
16 you would see an appropriate inquiry type and an
17 appropriate subscriber number listed, and I don't see
18 either of those.
19 Q Okay. All right. And then there are a
20 series of inquiries, the next one being on July 5 of
21 2004, and it's reflected on Page Experian 345, and it
22 again is another inquiry where the name and the address
23 appear zeroed out, and it has the same subscriber
24 number 0999803. Do you know anything about why that
25 inquiry may have occurred or that notation being posted
1 on this file?
2 A No. I see --
3 MS. ANDREW: Objection, form.
4 A -- an entire series of those starting 6/30/04
5 and the last one 9/20/04, and I'm unfamiliar with any
6 of those codes to be able to even speculate as to what
7 those were in relation to.
8 Q Okay. What about the series of inquiries
9 that occurred on July 13, July 14, July 15 and July 16
10 of 2004? There's a series of them that are listed in
11 this report, and they are on Page -- there's one at the
12 bottom of Experian 346, and the balance of them are on
13 Exhibit 347. Bates label 347.
14 MS. ANDREW: Objection, form.
15 A I'm sorry. I'm not sure --
16 Q Are you able to determine --
17 A -- where you're -- on 346 where are you?
18 Q We'll take them in order.
19 A Okay.
20 Q Let's look at the one 9/13. There are two
21 inquiries listed on Experian Bates 347 about two-thirds
22 of the way down the page.
23 A You said July 13?
24 Q Yes, ma'am.
25 A Okay.
1 Q Could you tell me based upon what you know
2 about the report, why were those inquiries made and
3 what do they pertain to?
4 A Starting with that inquiry, 7/13/04 and
5 spilling over into 348, with the last one dated
6 3/22/05, the subscriber number provided there and also
7 the reference number ending in 1001 indicates that this
8 is profile maintenance activity.
9 Q This would be activity as a result of the
10 ACDVs returning to Experian; right?
11 A No, sir.
12 Q Okay. When an ACDV is returned with a code
13 indicating that the account should be deleted, is that
14 done automatedly?
15 MS. ANDREW: Objection, form.
16 A It can be automated if it doesn't require
17 human intervention, but the inquiry that corresponds to
18 that is -- the only inquiry that would correspond to
19 that would be the generation of the CDF indicative with
20 the 999.
21 Q If we were looking for the completion of the
22 June 2004 reinvestigation, we would be looking for a
23 CAPID number that would end with a 999, indicating that
24 the report which I've marked as Exhibit Number 20 was
25 generated. The post -- this is the post
1 reinvestigation report; correct?
2 A Yes, that's correct.
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