1 UNITED STATES DISTRICT COURT
IN AND FOR THE EASTERN DISTRICT OF MICHIGAN
2 Southern Division
v. Civil Action No.
TRANS UNION, LLC, JUDGE BORMAN
9 The videotaped deposition of LYNN S.
10 ROMANOWSKI, called by the plaintiff for examination,
11 pursuant to notice, and pursuant to the Rules of
12 Civil Procedure for the United States District
13 Courts, taken before Cheryl A. Goetsch, CSR and
14 Notary Public in and for the County of DuPage and
15 State of Illinois, on October 22, 2003, at
16 2:39 p.m., at 25 East Washington Street, Suite 1805,
17 Chicago, Illinois.
7 Q Define the inquiry input information or
8 what we call the terminal audit trail.
9 A I -- I'm not familiar with the term
10 "terminal audit trail," but inquiry input
11 information is the information that's supplied to
12 TransUnion that -- on behalf of the consumer, the
13 consumer's name, address, Social Security number,
14 date of birth.
15 Q Now, when a subscriber makes an inquiry,
16 they're not necessarily required to input complete
17 consumer identification; is that true?
18 MR. CENTO: Objection to form.
19 A They're required to input the consumer's
20 first name, last name, and current address.
21 BY MR. Szwak:
22 Q Okay. Can they make an inquiry without
23 putting the consumer's address in?
24 A No.
1 Q There's no mechanism for them to make an
2 inquiry by inputting a Social Security number alone?
3 A And to return a credit report?
4 Q To return any information report.
5 A There's different products that might
6 return other reports based on Social Security number
7 alone, but that's not a credit report.
8 Q Okay. So in order to -- in order to
9 retrieve what -- what is generally termed a full
10 credit report, they must enter the consumer's first
11 name, last name, and full address, meaning street
12 number, street name, city, state, and ZIP?
13 A Yes.
14 Q Okay. Now, from your review of
15 TransUnion's records, is it your testimony that you
16 don't know what was inputted in order to create
17 Exhibit 2 and 3?
18 A Yes, that's true.
19 Q Okay. And where -- where is the audit
20 trail or where is the record showing what was
21 actually inputted by Brighton Ford?
22 A I don't have access to that.
23 Q Okay. Is it something that TransUnion
1 A Yes.
2 Q And what is the -- the exact descriptive
4 A I would normally look at a billing log.
5 Q A billing log would be the information that
6 is sent to the subscriber in order to invoice them
7 for the inquiry?
8 A The billing log I would look at is an
9 internal TransUnion document that -- I don't believe
10 that that's actually sent out to the subscriber,
11 though. I think --
12 Q Is there any other record that contains the
13 actual information that was keystroked at the time
14 of inquiry?
15 A Yes.
16 Q And what is that record called?
17 A A Journal 20.
18 Q And where is a Journal 20 maintained?
19 A It's maintained at TransUnion.
20 Q Okay. Is there any other record that would
21 maintain that information as to what was keystroked
22 at the time of inquiry?
23 A The complete -- are you asking for the
24 complete input?
1 Q Yes, ma'am. I'm asking you about each and
2 every different type of document or record at
3 TransUnion that -- that maintains or archives, where
4 you can go back and review and determine exactly
5 what the subscriber keystroked in at the time of
7 A No. Then there's no other document that I
8 can think of.
9 Q Okay. And -- and as we sit here, we
10 don't -- we don't know because we don't have the
11 record of -- you called it a Journal 20; is that
13 A There is a Journal 20.
14 MR. CENTO: They're the documents I sent
15 you, David.
16 THE WITNESS: Not a Journal 20.
17 BY MR. Szwak:
18 Q Let me ask you. In the Journal 20
19 documents that you have, if you could pull those
21 MR. CENTO: Oh, maybe I'm wrong. I'll
22 let --
23 A No.
24 MR. CENTO: -- Lynn explain.
1 A No. There are no Journal 20 documents
3 BY MR. Szwak:
4 Q Okay. What about any other records that
5 you have in front of you that pertain to the actual
6 information keystroked at the time of inquiry?
7 A From these? For this inquiry that we're
8 looking at here?
9 Q Yes, ma'am. Let's talk about this inquiry,
10 and then I'll ask you about any others.
11 A There's an Invoice Detail here, but this
12 isn't necessarily the actual input that was keyed
13 in. It's some of the actual input that's keyed in,
14 but it's not complete.
15 Q Okay. And what is that document? What's
16 the Bates numbers on that document?
17 MR. CENTO: It hasn't been Bates numbered
18 yet, but it was part of the package that I faxed
19 over this morning. It's the one -- the page
20 she's looking at, it says -- it has a little
21 heading -- it says TransUnion, Chicago Division,
22 Invoice Detail. And then there's some header
23 information. And then there's a big blank
24 space; and it says "Redacted"; and then there's
1 one line of information. Do you see it?
2 MR. Szwak: I'm looking for a document that
3 looks like that, and I don't --
4 MR. CENTO: Towards the -- it would be
5 after -- it should have been right after the --
6 the Common Form Tax.
7 MR. Szwak: Okay. I think I do -- I have
8 identified what -- what you're referring to.
9 Q And it is called an Invoice Detail. And
10 let me ask you. Which inquiry would this Invoice
11 Detail pertain to?
12 A This inquiry on this Invoice Detail
13 pertains to the Brighton Ford inquiry on
14 November 30th, 2000, at 1527 Central Time.
15 Q Okay. And that is the inquiry that we're
16 looking at and the -- and the subject of Exhibit 2
17 and 3?
18 A Yes.
Types, Names, 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
- 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
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