7 Q. Based upon the notes that you made regarding a
8 possible mixed file, is it your belief that you would have
9 reviewed the credit report to make that determination?
10 MR. McLOON: Same two objections.
11 A. I'm sorry, could you restate that question?
12 MR. Szwak: Could you read it back, please?
13 (Record read.)
14 A. Yes.
15 Q. Now, when you review a credit file to try to
16 determine whether there's perhaps identity theft or a mixed
17 file scenario or maybe some other scenario causing the disputed
18 data to appear in the file, do you have some guidelines that
19 you follow in reviewing the credit report to make that
21 A. There are certain things you look for in the
22 consumer's credit report.
23 Q. What type of things do you personally look for when
24 you're trying to determine whether it's a mixed file or a
25 possible mixed file?
1 A. DNC, do not combine, or a Social variation.
2 Q. If the credit file contained more than one Social
3 Security number recorded in it, would that be an indication to
4 you that maybe it was mixed together with a different consumer?
5 MR. McLOON: Objection, incomplete
6 hypothetical. You may answer.
7 A. That is possible.
8 Q. Now, a do not combine statement would be an
9 indication that a prior Experian representative before you saw
10 the file, had made some determination of a possible mixed file
11 scenario, and had marked the file not to be combined with other
12 files; is that correct?
13 A. I do not know about how they add the DNC in the log.
14 Q. Are you able to add a do not combine statement to a
15 credit file?
16 A. No, I am not.
17 Q. What do you do with a file once you determine that
18 it's a possible mixed file?
19 A. I would transfer it to the appropriate department.
20 Q. Now, you say transfer it to an appropriate
21 department, what department would that be?
22 A. It would be our mixed file team.
23 Q. It's a mixed file team or is that a department?
24 A. I just put it in mixed, and they get transferred by
25 our -- the appropriate individuals.
1 Q. Do you know any of the people in the mixed file
3 A. I do not know them personally, no.
4 Q. So you would just mark the file as a possible mixed
5 file and transfer it to the other division to be handled?
6 A. Yes.
7 Q. Just from the notes that you have recorded there, as
8 you sit here today, you don't know whether you saw a do not
9 combine or whether you saw a Social Security variation; is that
11 A. I would not be able to tell by looking at these
13 Q. Yes, sir. In your job at Experian, when you form an
14 opinion that possibly there's a mixed file, do you have the
15 ability to pull a 7X report?
16 A. That is the report we would look at.
17 Q. Are you able to look at the specific personal
18 identification data that is reported with each separate trade
19 line or public record item?
20 A. I can see their complete report as of the date that
21 I pulled it.
22 Q. Yes, sir. What I'm asking you is: If you have an
23 opinion that you possibly have a mixed credit file, maybe the
24 consumer's letter hints that there's information in this credit
25 file that doesn't pertain to him, and you review the 7X report,
1 do you look at the specific name and address row tables to
2 determine how the different data is being reported?
3 A. We look at the entire report.
4 Q. Is there -- are there any guidelines provided to
5 you, any rules by Experian, as to what you should do if you
6 find that the name and address row tables have different
7 identities listed in them?
8 MR. McLOON: Objection, vague, incomplete
10 A. Can you be specific in your question?
11 Q. Well, do you know what the name and address rows are
12 on a 7X report?
13 A. Yes.
14 Q. Is it accurate to say that a 7X report is
15 essentially a consumer's credit file, but it's expanded to
16 provide more information about how each trade log, each inquiry
17 and each public record are reported in to Experian; is that
19 A. Yes.
20 Q. Now, if you thought that perhaps there was a mixed
21 file scenario such as Mr. Carriere, do you have the ability to
22 go in and look at each of the trade lines or each of the public
23 record items and even the inquiries to see how they were
24 presented to Experian?
25 MR. McLOON: Objection, no foundation. You
1 may answer.
2 A. I'm still not understanding your question, what you
3 mean by that, sir.
4 Q. Okay. Well, let me ask you again. I think we agree
5 that a 7X report has more detail in it than a disclosure, in
6 essence, you can see behind the data and see, for example, how
7 a bankruptcy was reported to Experian in terms of the name,
8 address and/or Social Security number; is that true?
9 MR. McLOON: Objection, that assumes facts not
10 in evidence, and there's no foundation for this witness to
11 testify about how data is reported to Experian.
12 You may answer.
13 A. Like I say, I can see the whole report.
14 MR. Szwak: Ms. Court Reporter, can you please
15 read back my question?
16 (Record read.)
17 MR. McLOON: You did get the answer, right?
18 THE REPORTER: I have an answer.
19 MR. McLOON: Yeah. Okay. Let's pose another
21 MR. Szwak: I need to get an answer to that
22 one, I'm sorry.
23 MR. McLOON: I think he did answer it. You
24 don't like the answer, but he answered it, so let's just pose
25 another question.
1 Q. We have a disagreement, so what I'll do is try to
2 ask you the same question a little differently and see if we
3 can meet on common ground.
4 The 7X report contains the name and address
5 rows, which can then be reviewed, and you can decide how
6 certain trade lines were reported in to Experian; is that true?
7 MR. McLOON: That assumes a fact not in
8 evidence, and there's no foundation for the witness to testify
9 about how data is reported to Experian. You may answer.
10 A. I -- like I said, I can only see what information is
11 on the report. I do not know how it gets reported to Experian.
12 Q. You don't know the mechanics of how it got to be in
13 the credit file; is that true?
14 A. I do not know the mechanics of how it gets to the
Father-Son, Mother-Daughter, Junior-Senior-Trey [Generational Designators], Common Names, Variations on Social Security Numbers and Other Mixed File Issues
- 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
- Credit Errors
- Theft of Identity
- Mixed File Cases
- 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
- Deceased Reporting Cases
- 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
- Injunctive Relief: FCRA and State Law
- Attorneys' Fees, Litigation Expenses and Costs:
- Declaratory Relief Under the FCRA
- What is Your Potential Case Worth? Other Case Verdicts, etc.
- FCRA Jury and Bench Trial Verdicts
- Other Federal Laws Related to Credit Reporting, Data Privacy, Billing Errors and ID Theft
- 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”)
- State Law Claims Related to Credit Reporting, Billing Errors, Privacy Breaches and ID Theft
- Invasion of Privacy: State Law
- Defamation: State Law
- Interference With Prospective Credit: State Law
- Interference With Marital/Family Relations: State Law
- Infliction of Emotional Distress/Mental Anguish: State Law
- Data Breach Claims and Issues
- Unfair and Deceptive Trade Practices Claims: State Law
- Jurisdiction, Venue, Removal to Federal Court, Remand to State Court, and Other Pre-Trial Jurisdicti
- Removal of FCRA Cases From State Court To Federal Court
- Personal Jurisdiction and Venue in Credit Reporting Cases
- FCRA Litigation Strategies and Procedural Issues and Law
- Settlements, Releases, Prevailing Party Status, and Other Things You Need to Know If You Resolve Your Case Before Judgment
- Offers of Judgment In FCRA Litigation
- Secret Documents, Product Information and Testimony
- Choicepoint Secret Documents:
- Equifax/CSC and Affiliates Secret Documents:
- Experian Secret Documents
- Innovis Secret Documents:
- Trans Union Secret Documents
- Furnisher and Public Records Suppliers Secret Documents
- 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
- Defenses Frequently Asserted by Defendants to Consumer's Actions
- FCRA Class Actions and Class Issues
- FCRA Class Actions
- Special Evidentiary Issues: What is Evidence?
- Evidentiary Issues in FCRA Cases
- Expert Witnesses, Special Issues and Daubert and Related Challenges
- Appellate Issues, Rules, Law, Etc.
- Defenses Asserted by Industry and Abuse Stories
- Defense Counsel Abuses and War Stories
- Law Outlines: Various Topics
Who is online
Users browsing this forum: No registered users and 5 guests