XPN CDVs/ACDVs GENERALLY

Names, Types, Descriptions, Testimony
David A. Szwak

XPN CDVs/ACDVs GENERALLY

Postby David A. Szwak » Tue Nov 22, 2005 10:04 pm

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8 Q. (BY MR. Szwak) I have, with the exception of the
9 one CDV that we've already looked at -- I've tried to put
10 these somewhat in order. And I want to show them to you
11 one at a time and kind of discuss them with you.
12 The first one, I'm going to mark as No. 12. It's
13 Experian Bates labeled No. 230.
14 (Exhibit No. 12 was marked.)
15 Q. Tell me: Would it be correct to say that that is
16 a CDV which was issued by Experian to Discover Card
17 Services indicating a complaint by the plaintiff that the
18 account is not his as reported on his credit report?
19 A. Yes. It's an ACDV.
20 Q. An ACDV. I'm sorry, and sometimes I use them
21 interchangeably only because it's the format.
22 A. Yeah.
23 Q. But this is Experian's standard form request to
24 their customer, the subscriber, to tell them what the --
25 what the subscriber has to say about the consumer's

137
1 complaint?
2 A. Yes.
3 Q. And in this case, Experian related to Discover
4 Card Services that Mr. Jensen was complaining that this was
5 not his account?
6 A. That's true.

David A. Szwak

Postby David A. Szwak » Mon Nov 28, 2005 9:34 pm

1
1 IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
2 MARSHALL DIVISION
3 DIANA A. POULSON, *
Plaintiff, *
4 *
vs. * CASE NO. 2:05CV75
5 *
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
11
12 ORAL AND VIDEOTAPED DEPOSITION OF
13 KIMBERLY KAY HUGHES
14 NOVEMBER 18, 2005
15
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
25

2
1 Texas, in accordance with the Federal Rules of Civil
2 Procedure.

160
16 Q Now, that's even a different dispute reason
17 than what we looked at a moment ago. In essence, the
18 exact verbiage is a little different from what we
19 looked at a moment ago. Is that correct?
20 A The actual dispute code is the same. The
21 additional text information that was added is a little
22 different.
23 Q Okay. What was the response from USAA as a
24 result of that ACDV?
25 A Verified as reported.

161
1 Q Okay. And what is the -- what -- what action
2 did Experian take as a result of the receipt of that
3 ACDV?
4 A Experian checked to see what identification
5 information was returned, if the information did indeed
6 match for the consumer. That was found to be that it
7 did. Checked to see if any additional data elements
8 needed to be updated, and there were none, and the
9 information was remain to file.
10 Q Now, that's a special phrase. Remain to file
11 means it was left in the file; true?
12 A That's correct.
13 Q All right. And the status of that account
14 was charged off?
15 A Yes, sir, that's correct.
16 Q And what number did we mark that? 56?
17 A That's correct.


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