Types, Names, Descriptions, Testimony
David A. Szwak


Postby David A. Szwak » Fri Nov 11, 2005 1:55 pm

Nielsen v. U.S. Bank
Not Reported in F.Supp.2d, 2005 WL 189709

Trans Union is a consumer reporting agency. As a consumer reporting agency, Trans Union collects credit information provided to it by other sources and generates consumer reports that are then given to consumers or others. Trans Union also maintains the credit files of millions of consumers.
When a consumer disputes the veracity of the information compiled by Trans Union, Trans Union investigates the dispute using one of two systems developed for the purpose of processing and tracking disputes: the Consumer Dispute Verification process ("CDV") and the Automated Consumer Dispute Verification process ("ACDV"). The CDV process involves Trans Union contacting the party that is providing the disputed information (the "Furnisher"). Trans Union asks the party to verify certain personal information regarding the consumer and to verify the accuracy of the financial information being reported to Trans Union.
If the Furnisher verifies the information, Trans Union maintains the information as it exists in Trans Union's database. If the Furnisher reports that the information is inaccurate, Trans Union either deletes the information from the consumer's credit file or modifies that information. Trans Union then notifies the consumer of the results of the investigation.
On February 26, 2002, Plaintiffs received notice that their application for a line of credit at Sam's Club had been denied because of bankruptcy proceedings that had been reported to Sam's Club by Experian, a consumer reporting agency. Thereafter, Plaintiffs contacted Experian and U.S. Bank, the provider of the loan that was purportedly dissolved in the bankruptcy proceeding, to have the information regarding the bankruptcy removed from Plaintiff's credit history. At one time, Plaintiffs had an auto loan with U.S. Bank, but Plaintiffs had never filed for bankruptcy or been late with any of their payments on the loan. In fact, Plaintiffs paid off the loan earlier than was expected under the terms of the loan agreement. Plaintiffs assert that U.S. Bank told them that it had notified all of the credit reporting agencies of the error.
*2 On April 16, 2002, June Nielsen requested a copy of her consumer report from Trans Union. Despite U.S. Bank's previous assurances, the report still contained the reference to the bankruptcy. On April 22, 2002, June Nielsen contacted Trans Union via telephone. During the telephone call, she disputed the veracity of the bankruptcy notation. Thus, Trans Union initiated an investigation of the accuracy of the information.
On April 23, 2002, Trans Union submitted a CDV to U.S. Bank. In the CDV, Trans Union advised U.S. Bank of the nature of June Nielsen's dispute. The CDV stated, in part, "Acct reaffirmed or not included in Bkrpcy. Update Consumer Info Indictr, Acct Status, Curr Bal and Pymt Hist Profile." (Affidavit of Eileen Little ("Little Aff."), ¶ 15, Ex. 1.)
U.S. Bank returned the CDV to Trans Union stating that Trans Union should "change data as shown" but without any direction as to how the U.S. Bank account's information should be changed. (Little Aff., ¶ 16, Ex. 1.) Because U.S. Bank did not provide specific information regarding the account, Trans Union deleted the entire U.S. Bank account from June Nielsen's consumer credit report. Trans Union mailed June Nielsen the results of its investigation on May 17, 2002.
Kent Nielsen claims that he contacted Trans Union in either March or April of 2002 regarding the erroneous information. Kent Nielsen asserts that Trans Union took no action with regard to his request for an investigation. Trans Union denies that this contact ever took place.
On July 3, 2002, Kent Nielsen contacted Trans Union to request a copy of his credit report after he was denied credit while attempting to obtain an automobile loan. He claims that the car dealership had run a credit report and that the report contained the erroneous bankruptcy notation. However, the credit report that Kent Nielsen received from Trans Union contained information regarding the U.S. Bank loan, but did not contain information regarding the purported bankruptcy.

David A. Szwak

Postby David A. Szwak » Sat Jan 14, 2006 10:08 pm

1. Farren v. RJM Acquisition Funding, LLC,
Slip Copy, 2005 WL 1799413, E.D.Pa., Jul 26, 2005

... contact Trans Union until March 2004, after the Complaint in this case was filed, to dispute these claims. (Declaration of Eileen Little, Trans Union Group Manager of Consumer Relations, at ¶ 5). II. STANDARD OF REVIEW Summary judgment is appropriate "if the ...


2. Nielsen v. U.S. Bank,
Not Reported in F.Supp.2d, 2005 WL 189709, D.Minn., Jan 26, 2005

... reaffirmed or not included in Bkrpcy. Update Consumer Info Indictr, Acct Status, Curr Bal and Pymt Hist Profile." (Affidavit of Eileen Little ("Little Aff."), ¶ 15, Ex. 1.) U.S. Bank returned the CDV to Trans Union stating that Trans Union should "change ...


3. Spector v. Trans Union LLC First USA Bank, N.A.,
301 F.Supp.2d 231, D.Conn., Jan 28, 2004

... merely an authorized user on that account and that she had never filed for bankruptcy. Id., Exhibit A (Declaration of Eileen Little), ¶ 10. The ACDV requested First USA to verify the entry, id., Exhibit A-3, and on March 7, 2002, First ...


4. Crane v. Trans Union, LLC,
282 F.Supp.2d 311, E.D.Pa., Sep 16, 2003

... CDV to Hann, however, the employee did not include the documentation Crane provided because, according to the testimony [FN6] of Eileen Little ("Little"), TU's group manager of consumer relations, TU's policy was to send the CDV without ever including such documentation. Pl.'s ...


5. Waggoner v. Trans Union, LLC,
Not Reported in F.Supp.2d, 2003 WL 22220668, N.D.Tex., Jul 17, 2003

... Union's Brief in Support of its Motion for Summary Judgment on Plaintiff Marla Waggoner's Claims ("Motion") at 6; Declaration of Eileen Little of Trans Union LLC ("Little Declaration") ¶ 4, located in Trans Union Appendix, as Exhibit 6. On January 5, 2001, ...


6. Smith v. Sears, Roebuck and Co.,
276 F.Supp.2d 603, S.D.Miss., May 30, 2003

... Pursuit program. The fact that the First Pursuit program posted the complained-of inquiries is supported by the uncontradicted testimony of Eileen Little, consumer relations group manager at Trans Union, and Smith has presented no evidence--only his suspicion--that an employee other than Ydona ...


8. O'Connor v. Trans Union Corp.,
Not Reported in F.Supp.2d, 1998 WL 770626, E.D.Pa., Nov 05, 1998

... 6. All of those requests related to "mixed files." The Court explained that "the Defendants have provided the Court with Eileen Little's Affidavit in support of summary judgment, which explains that the Plaintiff's dispute was not a 'mixed file' under [Trans Union] ...


9. O'Connor v. Trans Union Corp.,
Not Reported in F.Supp., 1998 WL 372667, E.D.Pa., May 11, 1998

... performs various tests to determine the accuracy of its reports. On March 24, 1998, plaintiff's counsel deposed TUC Group Manager Eileen Little ("Little"). [FN1] Little testified that, as part of her duties at TUC, she supervised the Dispute Department and Priority Processing ...


11. Podell v. Citicorp Diners Club, Inc.,
914 F.Supp. 1025, S.D.N.Y., Feb 05, 1996

... December 3, 1993, advising that these entries were inaccurate and demanding that they be deleted. Trans Union's consumer relations manager, Eileen Little, testified by deposition that plaintiff's protest letter dated December 3, 1993 worked its way to her department on January 10, ...


12. Way v. Barr,
Not Reported in F.Supp., 1995 WL 307525, D.Md., May 15, 1995

... only name and address information in response to a subscriber's input of a subject's social security number. See Affidavit of Eileen Little, Exhibit 1 to Trans Union's Memorandum, ¶¶ 3, 7-8. Although a dispute may thus exist over what exact information the ...

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