TESTIMONY OF EXPERIAN'S DAVID BROWNE - PRIOR TESTIMONY

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TESTIMONY OF EXPERIAN'S DAVID BROWNE - PRIOR TESTIMONY

Postby Administrator » Mon Nov 10, 2014 8:06 am

TESTIMONY OF EXPERIAN'S DAVID BROWNE - PRIOR TESTIMONY

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION

CYNTHIA COMEAUX . DOCKET NO. 2:02CV304
VS. . MARSHALL, TEXAS
EXPERIAN INFORMATION . OCTOBER 13, 2004
SOLUTIONS, INC. . 11:10 A.M.
EXCERPT OF TRIAL
TESTIMONY OF DAVID A. BROWNE
BEFORE THE HONORABLE DAVID FOLSOM,
UNITED STATES DISTRICT JUDGE, AND A JURY.
APPEARANCES:
FOR PLAINTIFF: MR. David A. Szwak
MS. MARY ELLEN _
Bodenheimer Jones Szwak &
_
402 MARKET ST.
Mid South Tower
Suite 1404
SHREVEPORT, LA. 71101


FOR DEFENDANT: MR. DANIEL JOHN MCLOON
Jones DAY
555 WEST FIFTH STREET
SUITE 4600
LOS ANGELES, CA. 90013

MS. LUCINDA W. ANDREW
Jones DAY
2727 N. HARWOOD ST.
DALLAS, TX. 75201


PROCEEDINGS RECORDED BY MANUAL STENOGRAPHY, TRANSCRIPT PRODUCED BY NOTE READING.
INDEX
PLAINTIFF’S ADVERSE WITNESS
DAVID A. BROWNE
DIRECT EXAMINATION BY MR. Szwak................... 3
CROSS EXAMINATION BY MR. MCLOON..................104

REPORTER’S CERTIFICATION...................................122


P R O C E E D I N G S
MARSHALL, TEXAS
OCTOBER 13, 2004
(OPEN COURT)



*****
DIRECT EXAMINATION CONTINUES
BY MR. Szwak:
Q MR. BROWNE, IN FOLLOWING UP ON SOME QUESTIONS PERTAINING TO YOUR PRIOR TESTIMONY FOR YOUR CLIENT, YOUR COMPANY, HOW MANY TIMES TOTAL HAVE YOU EVER TESTIFIED THAT EXPERIAN OR TRW FAILED TO USE A REASONABLE PROCEDURE OR IN ANY WAY VIOLATED THE FAIR CREDIT REPORTING ACT?
A I REMEMBER — I REMEMBER TWO OCCASIONS.
Q SO TWO TIMES IN HOW MANY YEARS?
A ABOUT NINETEEN YEARS.
Q AND, OF COURSE, AS COMPLIANCE MANAGER, PART OF YOUR DAY-TO-DAY JOB DUTIES ARE TO BE SURE THAT YOU ARE NOT VIOLATING THE FAIR CREDIT REPORTING ACT, RIGHT?
A YES.
Q NOW, YOU HAD NO FIRSTHAND INVOLVEMENT IN DEALING WITH MS. COMEAUX’S CREDIT REPORT HISTORICALLY PRIOR TO TODAY, IS THAT TRUE?
A YES.
Q NOW, YOUR FIRST KNOWLEDGE OF MS. COMEAUX WAS AFTER THE LAWSUIT WAS FILED, IS THAT TRUE?
A YES.
Q AND YOU REVIEWED RECORDS THAT HAD BEEN PRESENTED TO YOU BY SOME PEERS IN YOUR COMPANY, IS THAT TRUE?
A AND BY OUR COMPANY LAWYERS.
Q SO ANY KNOWLEDGE YOU WOULD HAVE OF THE FACTS OF THIS CASE WOULD BE SIMPLY SECONDARY FROM YOUR READING WHATEVER RECORDS WERE PRESENTED TO YOU, IS THAT TRUE?
A OR FROM DISCUSSIONS THAT I HAD WITH LAWYERS.
David A. Szwak
Bodenheimer, Jones & Szwak, LLC
416 Travis Street, Suite 1404, Mid South Tower
Shreveport, Louisiana 71101
318-424-1400 / Fax 221-6555
President, Bossier Little League
Chairman, Consumer Protection Section, Louisiana State Bar Association

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