INTERNAL ADMINISTRATIVE REPORT - EXPERIAN

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INTERNAL ADMINISTRATIVE REPORT - EXPERIAN

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INTERNAL ADMINISTRATIVE REPORT - EXPERIAN

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)

DAVID A. BROWNE, PLAINTIFF’S ADVERSE WITNESS, SWORN
DIRECT EXAMINATION

Q (BY MR. Szwak) MR. BROWNE, CAN YOU IDENTIFY EXHIBIT NUMBER 9?
A EXHIBIT NUMBER 9 IS AN INTERNAL ADMINISTRATIVE REPORT.
Q THIS IS AN INTERNAL COMPANY DOCUMENT AT EXPERIAN WHICH CONTAINS INFORMATION ABOUT THE CREDIT FILE OF THE PLAINTIFF IN THIS CASE; IS THAT TRUE?
A YES.
Q IN ESSENCE, IS IT ACCURATE TO SAY THAT ON JANUARY 9, 2003, THE DATE OF THIS PARTICULAR REPORT, YOUR COMPANY UTILIZED THE NAME CYNTHIA COMEAUX WITH HER ACCURATE SOCIAL SECURITY NUMBER AND HER ACCURATE ADDRESS IN CARROLLTON, TEXAS, AND YOU PULLED AN INQUIRY INTO YOUR COMPANY DATABASE RECORDS AND CREATED A DETAILED SUMMARY REPORT OF ALL DATA IN HER FILE; IS THAT TRUE?
A YES.
Q NOW, THE PURPOSE OF AN ADMINISTRATIVE REPORT, THIS IS NOT A NORMAL CREDIT REPORT THAT YOU WOULD SHOW TO A CONSUMER, IS THAT TRUE?
A YES, THAT'S TRUE.
Q THIS IS A VERY DETAILED REPORT THAT PERMITS YOUR COMPANY TO DO RESEARCH WHEN YOU ARE REVIEWING A PARTICULAR CONSUMER'S CREDIT, IS THAT RIGHT?
A YES.
Q FOR EXAMPLE, IF A CONSUMER CONTACTED EXPERIAN FOR PURPOSES OF CONTESTING INFORMATION, YOUR EMPLOYEES WOULD BE ABLE TO PULL UP A VERY DETAILED REPORT WHICH LOOKS DIFFERENT AND IS IN GREATER DETAIL THAN WHAT A NORMAL CONSUMER CREDIT REPORT WOULD LOOK LIKE, RIGHT?
A YES.
Q NOW IN THIS CASE, FOR THE BENEFIT OF YOURSELF AND THE JURY, I HAVE TAKEN THE LIBERTY OF HIGHLIGHTING THE FIRST PAGE OF THIS EXHIBIT. AND WHAT I WOULD LIKE TO GET YOU TO DO FOR ME IS TO TELL ME WHAT IS A PIN NUMBER THAT IS LISTED AT THE TOP OF THE DOCUMENT?
A YOU MEAN GENERICALLY WHAT IT IS?
Q YES, SIR.
A PIN NUMBER IS A UNIQUE NUMBER THAT IS GENERATED BY THE EXPERIAN COMPUTER SYSTEM WHEN IT MAKES A DECISION TO CREATE A RECORD IN THE DATABASE.
Q AND THAT PIN NUMBER IS ASSIGNED TO A CERTAIN ACCUMULATION OF INFORMATION, CORRECT?
A YES.
Q IN THIS CASE, IT COMPILED A REPORT, WHICH I BELIEVE YOU HAVE GOT A COPY IN FRONT OF YOU OF EXHIBIT NUMBER 9, IS THAT CORRECT?
A IT'S NOT NUMBERED. BUT I BELIEVE IT IS NUMBER 9.
Q IT GOES THROUGH PAGE 22. IT'S A 22 PAGE REPORT, IS THAT CORRECT?
A YES.
Q NOW, ON THE VERY FIRST PAGE OF THIS REPORT IS IT ACCURATE TO SAY THAT THERE IS WHAT YOU CALL A NAME ROW TABLE?
A YES.
Q NOW, THE PURPOSE OF THE NAME ROW TABLE IS IT SHOWS EACH AND EVERY NAME, AND IF THERE IS AN ASSOCIATED SOCIAL SECURITY NUMBER THAT IS BEING REPORTED IN IN CONNECTION WITH DATA CONTAINED IN THAT DATA FILE, IS THAT TRUE?
A BROADLY, THAT'S TRUE.
Q OKAY. FOR EXAMPLE, IF WE LOOK AT THE FIRST NAME IN THE NAME ROW TABLE, N EQUALS, WITH A SERIES OF ZEROS AND A 1, IT CORRESPONDS TO THE NAME CINDY F. CARL, C-A-R-L, IS THAT TRUE?
A YES.
Q NOW WE PREVIOUSLY, I BELIEVE, ADDRESSED THE FACT THAT THAT APPEARS TO BE A TYPOGRAPHICAL ERROR ON THE NAME CINDY F. CARR, THE OTHER LADY WHOSE DATA HAS BEEN CONTAINED IN MY CLIENT'S CREDIT FILE, CORRECT?
A YES. NOW, AS WE GO DOWN THE NAME ROW TABLE, IS IT CORRECT TO SAY THAT IF WE LOOKED AT OTHER PAGES IN THIS ADMINISTRATIVE REPORT, WE COULD CROSS-REFERENCE THE NAME ROW NUMBER AND DETERMINE WHAT NAME AND POSSIBLY A SOCIAL, IF IT IS CONTAINED IN THE EXACT NAME ROW, ARE ASSOCIATED WITH EACH ITEM OF DATA IN THAT FILE?
A SOMETIMES WE CAN.
Q OKAY. AND FOR SIMPLICITY PURPOSES, TO MAKE SURE WE ARE ALL ON THE SAME PAGE, IF WE COULD LOOK DOWN AT NAME ROW NUMBER 6460, WHAT IS THE NAME THAT IS ASSOCIATED WITH NAME ROW 6460, PLEASE?
A CYNTHIA A. COMEAUX.
Q AND WHAT IS THE SOCIAL SECURITY NUMBER THAT WAS REPORTED IN CONNECTION WITH THAT NAME AS DESIGNATED BY THAT NAME ROW NUMBER?
A ***-**-8298.
Q AND WE HAVE ESTABLISHED, I BELIEVE, AND AGREED THAT THAT IS THE PLAINTIFF'S TRUE SOCIAL SECURITY NUMBER, CORRECT?
A YES.
Q NOW, TO FURTHER DECODE THE INFORMATION IN NAME ROW 6460, THERE IS NEXT A SEVEN DIGIT NUMBER BEGINNING 294. DO YOU SEE THAT NUMBER?
A YES.
Q IS IT ACCURATE TO SAY THAT THAT NUMBER IS A SUBSCRIBER CODE NUMBER OF ONE OF YOUR COMPANY'S SUBSCRIBERS WHO ACTUALLY LAST REPORTED THAT PARTICULAR NAME AND THAT PARTICULAR SOCIAL AS DESIGNATED IN THAT NAME ROW?
A PROBABLY, YES.
Q AND IT ALSO GIVES A PARTICULAR TIME PERIOD OF FEBRUARY 15, 2000, THROUGH JANUARY 3 OF 2001 AS A REPORTED PERIOD, IS THAT TRUE?
A YES.
Q NOW THE OTHER DESIGNATOR AA WOULD TELL US WHAT METHOD BY WHICH THAT INFORMATION CAME TO EXIST IN THE FILE, IS THAT TRUE?
A YES.
Q AND DO YOU KNOW WHAT THAT PARTICULAR CODE AA REFERS TO?
A I'D HAVE TO LOOK IT UP. THERE'S PROBABLY A HUNDRED CODES.
Q THERE APPEARS TO BE MAYBE THREE DIFFERENT CODES OF THAT MANNER IN THIS NAME ROW TABLE. BUT JUST SO WE GET BACK TO THE POINT, AS YOU LOOK DOWN THE NAME ROW TABLE IN THIS CASE, IS IT ACCURATE TO SAY THAT THERE ARE NAMES RELATED TO CINDY CARR OR DEVIATIONS OF HER NAME, TYPOS, IN THIS PARTICULAR REPORT?
A YES.
Q AND THERE ARE ALSO NAMES PERTAINING TO CYNDI COMEAUX, THE PLAINTIFF, IN THIS REPORT, IS THAT TRUE?
A YES.
Q NOW, IS THERE A DIFFERENCE BETWEEN THE SPELLING OF CINDY WHERE MS. CARR USES THE NAME, AS OPPOSED TO HOW MS COMEAUX USES THE NAME?
A USUALLY, THE NAME CARR GETS REPORTED WITH A SPELLING OF, USUALLY, BUT NOT ALWAYS, C-I-N-D-Y. WHEREAS, I BELIEVE GENERALLY, CYNDI COMEAUX WHEN SHE USES THE CYNDI VERSION OF HER NAME, SHE WILL GO BY C-Y-N-D-I.
Q AND ACCORDING TO THE NAME ROW TABLE, MY CLIENT ALSO GOES BY THE NAME CYNTHIA, WHICH IS HER PROPER LEGAL NAME, CORRECT?
A THAT'S MY UNDERSTANDING.
Q NOW, AS WE GO DOWN THE FIRST PAGE OF THIS REPORT, DOES IT LIST A DATE OF BIRTH IN THIS RECORD?
A YES.
Q AND IS THAT APRIL 19 OF 1973?
A YES.
Q BELOW THERE BEGINS WHAT WE REFER TO AS AN ADDRESS ROW TABLE, IS THAT CORRECT?
A YES.
Q FOR A MOMENT I WOULD LIKE TO SHOW THE JURY THE ADDRESS ROW TABLE PAGE, BUT WE WILL CERTAINLY GO BACK TO THE NAME ROW TABLE ALSO. AND ACTUALLY IT BEGINS -- THE ADDRESS ROW TABLE BEGINS AT THE BOTTOM OF PAGE 1, WHICH I HAVE NOW SET ON THE BOARD BELOW THE EASEL, AND FOLLOWS ON TO THE NEXT PAGE OF THE ADMINISTRATIVE REPORT, IS THAT CORRECT, MR. BROWNE?
A YES.
Q AND SIMILARLY, JUST AS YOU COULD DO WITH THE NAME ROW TABLE, YOU CAN TAKE THE ADDRESS ROW TABLE AND DECODE IT TO DETERMINE WHO REPORTED THAT INFORMATION, IS THAT TRUE?
A SOMETIMES THAT'S CORRECT.
Q WELL, FOR EXAMPLE, IF WE WERE TO DECODE THE VERY FIRST ADDRESS WHICH IS LISTED IN THE ADDRESS ROW TABLE, THE NUMBER BEGINNING WITH TWO ZEROS AND 35681913, IT SHOWS AN ADDRESS IN ROCKVILLE, MARYLAND, IS THAT ACCURATE?
A THAT'S WHAT IT SHOWS.
Q AND IF YOU LOOK BELOW THERE TO THE SUBSCRIBER NUMBER, 1900413, CAN YOU DECODE THAT SUBSCRIBER CODE TO DETERMINE WHO LAST REPORTED THAT ADDRESS?
A I MAY BE ABLE TO DECODE IT BY STUDYING THROUGH THE CREDIT REPORT. DO YOU WANT ME TO DO THAT?
Q I BELIEVE THAT THE SUBSCRIBER NUMBER AT ISSUE DOES NOT APPEAR IN ANY OF THE TRADE ACCOUNTS. IS THAT ACCURATE?
A IF YOU CAN GIVE ME A MINUTE TO GO THROUGH THESE. THIS MIGHT TAKE A LITTLE WHILE. THESE PAGES ARE NOT IN SEQUENCE. I DON'T KNOW IF YOU KNOW THAT.
Q WELL, FOR A MOMENT LET'S MOVE ON AND WE CAN COME BACK TO IT. THERE IS ALSO A REFERENCE TO THE DATE UPON WHICH THAT ADDRESS WAS FIRST CAPTURED INTO THIS DATA FILE, IS THAT CORRECT?
A YOU ARE ASKING ABOUT THE ADDRESS THAT WAS REPORTED?
Q YES, SIR. I AM ASKING ABOUT THE DATE OF MARCH 1, 1995, IN CONNECTION WITH THE FIRST ADDRESS ON THE ADDRESS ROW TABLE.
A I HAVE THAT, YES.
Q THE DATE OF MARCH 1, 1995 WOULD BE THE LAST DATE THAT THAT ADDRESS WAS REPORTED IN?
A THIS ENTRY HERE WAS REPORTED.
Q AND AGAIN, AS WE LOOK DOWN THE ADDRESS ROW TABLE IN THIS CASE, WE SEE A LOT OF ADDRESSES FROM DIFFERENT PLACES, INCLUDING LA PLACE, LOUISIANA, WHERE MS. COMEAUX, THE PLAINTIFF, LIVED AND OTHER PLACES; IS THAT CORRECT?
A YES.
Q AND YOU HEARD TESTIMONY THIS MORNING FROM MS. CINDY CARR WITH REGARD TO HER LIVING IN DECAUTER, ILLINOIS, IS THAT TRUE?
A YES.
Q AS WELL AS HER ADDRESSES IN NEW ORLEANS, LOUISIANA?
A YES.
Q AND ADDRESSES PERTAINING TO HER FAMILY MEMBERS IN NEW ORLEANS?
A YES.
Q AND WE ALSO SEE ADDRESSES FROM IRVING, TEXAS, WHERE THE PLAINTIFF NOW LIVES AND HAS LIVED FOR THE LAST SEVERAL YEARS, IS THAT TRUE?
A YES.
Q AND AGAIN, FOR PURPOSES OF CLARIFICATION, ON THE POSTER BOARDS I HAVE HIGHLIGHTED ADDRESSES THAT HAVE BEEN AGREED TO BE REPORTED IN RELATION TO THE PLAINTIFF IN YELLOW, WHILE THE ORANGE MARKINGS ARE THOSE RELATED TO CINDY CARR. AND THE SAME IS TRUE OF THE NAME ROW TABLE.
WHAT I WOULD LIKE TO ASK YOU, MR. BROWNE, IS -- THIS IS THE THIRD PAGE OF THE ADMINISTRATIVE REPORT. DO YOU HAVE IT BEFORE YOU?
A I HAVE PAGE 3, YES.
Q AND THIS IS THE REMAINING PORTION OF THE ADDRESS ROW TABLE ON THE PLAINTIFF'S CREDIT FILE, IS THAT TRUE?
A THAT'S CORRECT.
Q NOW, BELOW THE ADDRESS ROW CROSS-REFERENCE TABLE AND THE NAME ROW CROSS-REFERENCE TABLE, THERE IS EMPLOYMENT INFORMATION, IS THAT CORRECT?
A YES.
Q LISTING THE MEDICAL CENTER OF LOUISIANA IN NEW ORLEANS, LOUISIANA?
A YES, THAT'S CORRECT.
Q AND YOU CAN SIMILARLY DECODE THAT INFORMATION TO DETERMINE THE NAME OF THE SUBSCRIBER WHO REPORTED THAT INFORMATION, AND WHAT TIME PERIOD, IS THAT CORRECT?
A YES.
Q NOW, THERE ARE SIMILAR DEMOGRAPHICS IN TERMS OF TELEPHONE NUMBERS LISTED IN THIS REPORT, CORRECT?
A YES.
Q NOW, I WOULD NEXT LIKE TO TURN TO PAGE 4 OF THE ADMINISTRATIVE REPORT AND ASK YOU, ON THIS PARTICULAR PAGE THERE IS SOME REFERENCE TO FACTS PLUS SUMMARY. COULD YOU TELL THE JURY WHAT A FACTS PLUS SUMMARY IS, PLEASE?
A FACTS PLUS SUMMARY IS A PLACE ON THE CREDIT REPORT THAT CONTAINS INFORMATION THAT MIGHT BE OF ADDITIONAL USE TO A LENDER LOOKING AT THE CREDIT REPORT.
Q WOULD A MESSAGE SUCH AS INQUIRY/ON FILE CURRENT ADDRESS CONFLICT, WHAT WOULD THAT MEAN EXACTLY?
A WELL, IT MIGHT MEAN THAT THE PERSON HAS MOVED TO A NEW CITY, HAS A DIFFERENT ADDRESS, OR IT COULD BE THAT THEY ARE USING A P.O. BOX NOW AS OPPOSED TO A RESIDENCE IN THE PAST.
Q IS IT AN INDICATION THAT THE ADDRESS WHICH WAS INPUTTED IN THE INQUIRY IS DIFFERENT FROM OTHER ADDRESSES BEING REPORTED AS A CURRENT ADDRESS OF THE CONSUMER WHO IS THE SUBJECT OF THE FILE?
A IT INDICATES THAT THE INQUIRY ADDRESS THAT WE SEE AT THE TOP IS DIFFERENT FROM THE CURRENT ADDRESS THAT WE HAVE IN THE FILE.
Q NOW, THERE IS ADDITIONAL INFORMATION ON THE RIGHT-HAND SIDE OF THIS PAGE PERTAINING TO EMPLOYMENT INFORMATION, IS THAT TRUE?
A ARE YOU TALKING ABOUT THIS PAGE?
Q YES, SIR, I AM TALKING ABOUT EXPERIAN NUMBER 124, THE FOURTH PAGE OF THE ADMINISTRATIVE REPORT.
A CAN YOU SHOW ME WHERE IT SAYS EMPLOYMENT ON THERE?
Q WELL, IT IS BUSINESS RELATED. I AM ASSUMING THE RIGHT-HAND COLUMN UNDER THE FACTS PLUS SUMMARY INDICATES THE OPERATION OF SOME BUSINESS AT THE SUBJECT ADDRESS.
A WHAT IT INDICATES IS THAT AT SOME TIME, EITHER CURRENTLY OR IN THE PAST, A BUSINESS HAS BEEN REPORTED FOR THE ADDRESSES THAT ARE LISTED DOWN THERE. AND THERE IS, I BELIEVE, ABOUT FIVE OF THEM.
Q AND THOSE ARE ADDRESSES WHICH WOULD CORRELATE TO ADDRESSES REPORTED ABOUT THIS FILE AS SHOWN IN THE ADDRESS ROW TABLE?
A THEY WOULD BE, YES.
Q IF WE NOW LOOK AT THE NEXT SECTION OF THE ADMINISTRATIVE REPORT WHERE THE ACTUAL CREDIT DATA OR PUBLIC RECORD DATA BEGINS, I SEE THAT THE PUBLIC RECORD SECTION COMES NEXT IN THE REPORT, IS THAT TRUE?
A BEARING IN MIND THAT I HAVE GOT A COUPLE OF PAGES OUT OF ORDER, BUT THEY WOULD NORMALLY COME -- THEY WOULD NORMALLY FOLLOW WHAT WE HAVE BEEN LOOKING AT.
Q NOW IN THIS CASE DO YOU SEE THE REFERENCE TO THE U.S. BANKRUPTCY COURT IN NEW ORLEANS, LOUISIANA?
A YES, I DO.
Q NOW, WHAT IS THE NAME ROW ELEMENT THAT IS SHOWN AS HAVING BEEN REPORTED IN CONNECTION WITH THAT PUBLIC RECORD ITEM?
A THE NAME ROW ELEMENT OR THE NAME ROW NUMBER OR ADDRESS?
Q WELL, LET'S START WITH THE NAME ROW NUMBER.
A THE NUMBER IS 31532, WITH FIVE LEADING ZEROS.
Q AND IF WE LOOK AT THAT NAME ON THE NAME ROW TABLE, WHAT IS THE NAME AND SOCIAL SECURITY NUMBER ASSOCIATED WITH THAT PARTICULAR REPORTING?
A CINDY F. CARR, WITH A SOCIAL OF ***-**-8298. [[different]]
Q AND IF WE LOOK AT THE ADDRESS ROW ELEMENT WHICH IS SHOWN IN ASSOCIATION WITH THAT BANKRUPTCY REPORTING, WHAT IS THAT NUMBER?
A THAT NUMBER IS 315 -- YOU ARE TALKING ABOUT A BANKRUPTCY?
Q YES, I AM TALKING ABOUT THE ADDRESS ROW ELEMENT IN THE BANKRUPTCY REPORTING.
A IT'S 138712516.
Q AND THAT WOULD RELATE TO THE ADDRESS ROW TABLE AND YOU COULD DECODE IT TO DETERMINE WHAT ADDRESS THAT IS?
A YES. IT’S 2513 ETON STREET, NEW ORLEANS, LOUISIANA.
Q AND YOU HEARD MS. CARR TESTIFY THIS MORNING THAT THAT IS IN FACT HER HOME ADDRESS, CORRECT?
A YES.
Q IS THERE ANY DOUBT, HAVING LOOKED NOW AT THE EXPERIAN ADMINISTRATIVE REPORT, THAT EXPERIAN INCLUDED THE BANKRUPTCY OF MS. CARR INTO THE CREDIT FILE OF THE PLAINTIFF IN THIS CASE WHEN THERE WERE ABSOLUTELY NO IDENTIFIERS RELATING THAT ITEM TO THE PLAINTIFF?
A I AM NOT SURE WHAT YOU MEAN BY NO IDENTIFIERS RELATED TO THE PLAINTIFF.
Q WELL, I AM SORRY. WE LOOKED AT, AND FORGIVE ME, A MOMENT AGO WE LOOKED TO SEE WHAT NAME AND SOCIAL SECURITY NUMBER HAD BEEN REPORTED BY THE BANKRUPTCY COURT, AND YOU DECODED THAT FOR ME TO BE CINDY F. CARR, WITH CINDY F. CARR’S TRUE SOCIAL SECURITY NUMBER, CORRECT?
A THAT’S CORRECT.
Q YOU JUST DECODED THE ADDRESS ELEMENT FOR ME TO BE 2513 ETON STREET IN NEW ORLEANS, LOUISIANA, CORRECT?
A YES.
Q AND THAT’S MS. CARR’S RESIDENTIAL ADDRESS, CORRECT?
A YES.
Q ARE THERE ANY OTHER IDENTIFIERS THAT YOU CAN SHOW ME REPORTED BY THIS BANKRUPTCY COURT WHICH WOULD TIE IT TO MY CLIENT?
A NOT BY THE BANKRUPTCY COURT, BUT BY OTHER LENDERS PREVIOUSLY.
Q BUT IF I UNDERSTOOD YOU CORRECTLY, A FEW MOMENTS AGO BEFORE WE BROKE FOR LUNCH YOU WERE TELLING US ABOUT THIS PROCEDURE AT EXPERIAN THAT YOU HAVE CALLED FIND CONSUMER THAT AS A NEW PIECE OF INFORMATION COMES IN, IT DIGS AND CHECKS TO LOOK FOR ANY VARIATIONS OR ODDITIES ABOUT PERSONAL IDENTIFIERS IN ORDER TO DETERMINE WHETHER THE DATA BELONGS TOGETHER, ISN’T THAT TRUE?
A YES.
Q WELL, IN THIS CASE YOU TOLD ME FIND DATA HAS BEEN IN EXISTENCE SINCE 1996?
A FIND CONSUMER.
Q FIND CONSUMER, I AM SORRY. IS THAT RIGHT?
A YES.
Q WELL, IF IT WAS IN PLACE WHEN THIS BANKRUPTCY WAS REPORTED IN 1999, DO YOU HAVE SOME EXPLANATION AS TO WHY IT DIDN’T DETERMINE THAT THE IDENTIFIERS WERE NOT RELATED TO THE PLAINTIFF?
A WELL, REALLY THE QUESTION YOU ARE ASKING NOW IS HOW THE MIXED FILE CAME ABOUT. WOULD YOU LIKE ME TO EXPLAIN THAT?
Q YES, SIR, I WOULD LIKE TO HEAR THAT.
A GOING BACK TO AT LEAST AS EARLY AS 1991, THERE WAS AN ACCOUNT THAT WAS OPENED WITH LERNER’S BY CINDY CARR. LERNER’S, AND I DON’T KNOW HOW IT CAME ABOUT, VERY OFTEN THESE THINGS ARE CAUSED BY AN APPLICATION BEING SUBMITTED AND SOMEBODY MISREADING LETTERS OR CHARACTERS AND THEN THEY END UP BY REPORTING IDENTIFICATION FOR ONE CONSUMER ALONG WITH IDENTIFICATION FOR THE OTHER.
AND IN THIS PARTICULAR CASE, WE DO KNOW THAT LERNER’S REPORTED THAT ACCOUNT THAT THEY OPENED FOR CINDY CARR, WITH THE NAME CINDY CARR OR CYTHNIA CARR, BUT WITH THE PLAINTIFF’S SOCIAL. BECAUSE THERE WAS A — THERE APPEARS TO BE A MISREADING OR A MISTYPING OF THE SOCIAL OF 8, THE THIRD DIGIT BEING AN 8, AND BEING EITHER MISREAD OR MISKEYED AS A 6.
SO BASICALLY WHAT THEY DID WAS THEY SAID THAT THERE WAS A WOMAN BY THE NAME OF CINDY CARR WHO HAD A SOCIAL THAT MATCHED THAT OF THE PLAINTIFF IN THIS CASE, AND THEY REPORTED THAT TO US WITH THE ADDRESS OF MS. CARR.
Q I WOULD LIKE TO NOW SHOW YOU PAGE 13 OF THE ADMINISTRATIVE REPORT, PLEASE. AND I HAVE SET A PIECE OF PAPER OVER IT SO WE SORT OF SET OUT THIS PARTICULAR ACCOUNT, THIS LERNER ACCOUNT.
MR. BROWNE, DO YOU SEE THE SUBJECT LERNER ACCOUNT THAT YOU ARE REFERRING TO?
A YES.
Q WHAT IS THE ACCOUNT NUMBER OF THAT PARTICULAR ACCOUNT?
A 688724467.
Q ACCORDING TO YOUR EXPERIAN RECORDS, WHAT IS THE NAME AND/OR SOCIAL THAT WAS REPORTED IN CONNECTION WITH THIS ACCOUNT?
A I CANNOT BE SURE, BECAUSE THIS INFORMATION IS — ONCE IT’S — ONCE THE RECORD IS CREATED AND FIND CONSUMER HAS DECIDED WHERE IT SHOULD BE STORED IN OUR DATABASE, WE DON’T ALWAYS MAINTAIN THE ORIGINAL REPORTING IDENTIFICATION.
Q YOU DON’T RETAIN THE ORIGINAL REPORTING IDENTIFICATION, IS THAT CORRECT?
A YES.
Q WELL, CAN YOU TELL ME WHEN DID LERNER’S OR WORLD FINANCIAL NETWORK NATIONAL BANK, WFNNB, WHEN DID THEY STOP REPORTING THIS ACCOUNT TO EXPERIAN?
A WHEN YOU SAY REPORTING, ARE YOU TALKING ABOUT NORMAL MONTHLY REPORTING?
Q YES, SIR. CAN YOU TELL ME FROM LOOKING AT YOUR INTERNAL RECORDS AT EXPERIAN WHEN DID THIS LERNER ACCOUNT STOP BEING AFFIRMATIVELY REPORTED TO EXPERIAN?
A I DON’T HAVE ENOUGH INFORMATION TO GIVE YOU A DEFINITE ANSWER, BUT IT IS QUITE LIKELY, BASED ON MY EXPERIENCE, THAT THEY STOPPED REPORTING IT IN SEPTEMBER OF 2000.
Q NOW, IF WE LOOK AT THE NAME ADDRESS ROW TABLE, OBVIOUSLY THERE IS NO NAME ROW THAT CONSISTS OF NOTHING BUT ZEROS, IS THAT TRUE?
A YES.
Q IS IT FAIR TO SAY THE NAME ROW ELEMENT ON THE LERNER ACCOUNT HAS BEEN ESSENTIALLY ZEROED OUT?
A YES.
Q IS THAT AN ACCURATE REPRESENTATION OF ITS APPEARANCE?
A THAT’S AS GOOD AS ANY.
Q NOW, IF WE LOOK AT THE ADDRESS THAT WAS REPORTED IN ASSOCIATION WITH THAT ACCOUNT, CAN YOU TELL ME IF IT APPEARS TO BE THE SAME ADDRESS THAT WAS REPORTED IN CONNECTION WITH THE BANKRUPTCY, IS THAT TRUE?
A YES, THAT’S TRUE.
Q NOW, IF WE LOOK AT THE NAME AND ADDRESS ROW ELEMENTS, IF WE LOOK AT THEM FROM A HISTORICAL PERSPECTIVE, IT APPEARS THAT THEY GO BACK TO THE BEGINNING OF THE CREDIT FILE IN THIS CASE. YOU CAN TRACE BACKWARDS AND ACTUALLY FIND REPORTINGS THAT HAD BEGUN IN 1990, 1991, AND GOING FORWARD IN TIME. DO YOU SEE THOSE?
A WELL, WHAT I SEE IS AN OPEN DATE OF 3-1-1991.
Q CORRECT. AND YOU HAVE SOME REPORTED DATES BEGINNING IN 1991. IN FACT, NAME ROW ELEMENT NUMBER 1 SHOWS A REPORTING BY A SUBSCRIBER THAT COMMENCED IN 1991, CORRECT?
A ARE YOU TALKING NOW OF THE TRADE LINE OR THE NAME ROW?
Q THE NAME ROW, SIR.
A COULD YOU REPEAT YOUR QUESTION?
Q YES, SIR. IS IT CORRECT TO SAY THAT NAME ROW ELEMENT NUMBER 1, AS SHOWN ON YOUR INTERNAL RECORDS, BEGAN REPORTING IN THE YEAR 1991?
A YES, DECEMBER OF 1991.
Q SO NAME ROW ELEMENTS DON’T ORDINARILY JUST FALL OFF THE ADMINISTRATIVE REPORT, CORRECT?
A IT DEPENDS. SOMETIMES THEY ARE MAINTENANCED OFF.
Q MAINTENANCED OFF IS ANOTHER WORD FOR SAYING DELETED BY AN EXPERIAN EMPLOYEE, RIGHT?
A DELETED BY THE EXPERIAN SYSTEM.
Q DO YOU HAVE ANY KNOWLEDGE AS TO WHEN THIS NAME ROW ELEMENT SUDDENLY GOT DELETED OFF OF THIS FILE?
A I CANNOT BE SURE. THERE’S NO RECORDS THAT EXIST THAT WOULD SAY, BUT I BELIEVE IT IS POSSIBLE THAT IT WAS PART OF MAINTENANCE THAT WAS DONE IN 1998. I BELIEVE THAT IT WAS LOST OR DELETED AT THAT TIME.
Q CORRECT ME IF I AM WRONG, BUT ONE OF EXPERIAN’S PRIMARY DEFENSES TO THIS CASE WAS THE CONTENTION THAT THIS PARTICULAR LERNER ACCOUNT WAS REPORTED WITH A SOCIAL SECURITY NUMBER ASSOCIATED WITH MY CLIENT, CORRECT?
A YES.
Q AND AN ADDRESS ASSOCIATED WITH MY MS. CARR, CORRECT?
A YES.
Q AND THE NAME, WHICH NAME WAS ON THAT?
A WELL, WE SAW FROM ONE OF THE EXHIBITS THAT YOU HAVE, TRIAL EXHIBIT NUMBER I AM NOT SURE IF IT IS 14 OR 15, BUT THAT’S A LERNER’S RECORD, AND IT CLEARLY SHOWS THAT THEY HAD THE SOCIAL THAT BELONGS TO THE PLAINTIFF, ALONG WITH THIS ACCOUNT IN THEIR RECORDS, AND THAT’S WHAT THEY WOULD HAVE REPORTED TO US.
Q NOW, WHAT IS THE SOCIAL SECURITY NUMBER THAT IS SHOWN ON THIS PARTICULAR RECORD OR THIS PARTICULAR ITEM IN YOUR EXPERIAN RECORDS?
A IT SHOWS A SOCIAL OF ***-**-8298.
Q AND WHOSE SOCIAL SECURITY NUMBER IS THAT?
A THAT IS THE SOCIAL SECURITY NUMBER OF THE PREDOMINANT SOCIAL THAT IS APPEARING IN THIS — UNDER THIS PIN.
Q NOW, AS I UNDERSTAND IT, THE FIND CONSUMER PROGRAM WOULD ACTUALLY CHECK EACH MONTH AS EACH ACCOUNT REPORTING OCCURRED OVER AND OVER AGAIN, AND WHEN ANY NEW ACCOUNT REPORTINGS CAME INTO THIS CREDIT FILE, IT WOULD BE CHECKING EVERY TIME WITHOUT FAIL TO LOOK FOR INCONSISTENCIES IN THE IDENTIFICATION DATA, IS THAT TRUE?
A NO.
Q IT’S NOT?
A NO.
Q WELL, WHEN WOULD FIND CONSUMER BE USED THEN?
A FIND CONSUMER COMES INTO PLAY ON TWO OCCASIONS. ONE IS WHEN YOU ARE PULLING A CREDIT REPORT AND THE OTHER WHEN YOU ARE PULLING A NEW PIECE OF TRADE TO THE DATABASE. AND WHEN I SAY “PIECE OF TRADE,” FORGIVE ME. I REALLY MEAN TO SAY A NEW ACCOUNT.
Q SO WHEN A NEW ACCOUNT REPORTING IS INJECTED INTO THE FILE, THIS FIND CONSUMER PROGRAM IS RUN AGAINST THAT, IS THAT TRUE?
A YES.
Q AND THEN THE OTHER TIME THAT IT WOULD BE UTILIZED, THE FIND CONSUMER PROGRAM, WOULD BE WHEN A CREDIT REPORT WAS BEING ACCESSED OR GENERATED, IS THAT TRUE?
A YES.
Q DO YOU KNOW HOW MANY TIMES SINCE LET’S JUST PICK 1995, HOW MANY TIMES SINCE 1995 HAS MY CLIENT’S CREDIT RECORD BEEN PULLED?
A SINCE 1995, I WOULD HAVE NO WAY OF KNOWING.
Q WELL, IF WE LOOK BACK AT THE INQUIRY SECTION ON THIS PARTICULAR CREDIT REPORT, AND LET ME FIRST ASK YOU IF YOU COULD IDENTIFY WHAT IS THE TERM INQUIRY MEAN?
A AN INQUIRY IS A RECORD OF WHEN A CREDIT REPORT OR A PARTIAL CREDIT REPORT WAS PRODUCED ON THE SUBJECT INDIVIDUAL. AND WHEN I SAY A CREDIT REPORT, IT COULD MEAN AN INTERNAL ADMINISTRATIVE REPORT. IT MIGHT NOT NECESSARILY BE A REPORT BECAUSE TO A LENDER IT COULD BE THAT IT’S FOR A PRESCREEN OFFER. IT COULD BE THAT IT’S FOR IF A CONSUMER REQUESTS A COPY OF THEIR DISCLOSURE, IT WOULD BE A RECORD THAT THEY OBTAINED THAT DISCLOSURE.
Q IS IT FAIR TO SAY ON THE FIRST PAGE SHOWING THE INQUIRIES, WHICH IS PAGE 20 OF THIS ADMINISTRATIVE REPORT, THERE ARE ROUGHLY, WITHOUT COUNTING THEM, PROBABLY ABOUT FIFTEEN INQUIRIES, GIVE OR TAKE?
A SOMETHING LIKE THAT.
Q ON THE NEXT PAGE, PAGE 21 OF THE ADMINISTRATIVE REPORT, IS THERE ROUGHLY GIVE OR TAKE TWENTY INQUIRIES?
A YES.
Q AND ON THE LAST PAGE OF THE CREDIT REPORT, GIVE OR TAKE A FEW, LOOKS LIKE ABOUT TWENTY INQUIRIES?
A I AM SORRY. THESE ARE OUT OF SEQUENCE. YES.
Q AND OTHER THAN EXPERIAN’S SYSTEM ACTIVITY ON APRIL 15 OF 1995, WHICH I UNDERSTAND TO BE A PERMANENT INQUIRY ON A FILE, IT APPEARS THAT ALL OF THESE INQUIRIES OCCURRED FROM 1999 FORWARD. IS THAT A FAIR REPRESENTATION?
A YOU HAVE GOT ME CHASING ALL OVER THIS REPORT. BUT I WILL DO IT AS QUICK AS I CAN.
Q YES, SIR. WE ARE ON PAGES 20, 21, 22, THE VERY LAST THREE PAGES.
A YES, I THINK IT GOES FROM 1999 THROUGH TO JANUARY OF 2003.
Q IN THOSE ROUGHLY FIFTY OR SIXTY INQUIRIES, IS IT YOUR BELIEF THAT THE FIND CONSUMER PROGRAM WOULD HAVE BEEN INVOKED TO SEARCH THOSE RECORDS UPON THE CREATION OF A CREDIT FILE?
A WHAT IT WOULD HAVE DONE WOULD BE THIS. IT WOULD TAKE THE IDENTIFYING INFORMATION THAT WOULD BE ENTERED TYPICALLY AT THE BEGINNING OF AN INQUIRY. WHEN YOU MAKE AN INQUIRY, YOU FEED IN THE NAME, THE ADDRESS, IF THEY PROVIDE A PREVIOUS ADDRESS WE WILL LOOK AT THAT, TOO. IF THEY PROVIDE A SOCIAL, WE WILL LOOK AT THAT AS WELL. IF THEY PROVIDE A YEAR OF BIRTH, THEY WILL LOOK AT THAT. AND THEN WHAT WE WILL DO IS WE WILL LOOK FOR THOSE PINS, AND I SAY PINS PLURAL. ON THIS CREDIT REPORT WE SEE JUST THE ONE PIN. BUT A CONSUMER COULD ACTUALLY HAVE MORE THAN ONE PIN BECAUSE THAT’S JUST THE WAY THAT PEOPLE USE THEIR IDENTIFICATION IN PRACTICE, AND LENDERS, HOW THEY REPORT IT TO US IN PRACTICE.
BUT IN THIS CASE THERE IS ONE PIN. SO WHAT FIND CONSUMER WOULD HAVE DONE ON EACH OCCASION, IT WOULD HAVE TAKEN ALL OF THE IDENTIFYING INFORMATION THAT WAS PROVIDED ON THE INQUIRY AND THEN IT WOULD HAVE CONDUCTED A SEARCH TO SEE IF INDEED THERE WAS A PIN, OR POSSIBLY MORE THAN ONE PIN, THAT WOULD QUALIFY FOR DISPLAY. AND WHEN I SAY QUALIFY FOR DISPLAY, WHAT I AM TALKING ABOUT IS WHERE WE COULD BE PRETTY SURE, PRETTY DARN SURE THAT IT BELONGS TO THE CONSUMER. BUT I HAVE TO ADMIT WE CAN NEVER EVER BE ONE HUNDRED PERCENT CERTAIN, BECAUSE THERE IS NO UNIQUE IDENTIFIER IN PRACTICE THAT WE CAN USE.
Q IS IT FAIR TO SAY THAT IN THIS CASE THE FIND CONSUMER PROGRAM DID NOT RAISE ANY RED FLAG WITH REGARD TO THIS FILE AND ITS NEED TO BE CORRECTED?
A WHEN YOU SAY IN THIS CASE, YOU ARE TALKING ABOUT FOR PULLING AN ADMIN REPORT?
Q YES, SIR. I AM TALKING ABOUT THE OTHER — ALL OF THE CREDIT REPORTS THAT WERE GENERATED OUT OF THIS CREDIT FILE, LET’S SAY FROM 1999 FORWARD.
A WE WOULD PROVIDE INFORMATION ON THERE. FOR EXAMPLE, WE LOOKED AT THE FACTS PLUS AND WE WOULD SEE VARIOUS MESSAGES THERE RELATED TO THE DIFFERENT ADDRESSES. WE WOULD DISPLAY THE DIFFERENT ADDRESSES THAT HAD BEEN REPORTED FOR THE ACCOUNT, AND WE WOULD TELL LENDERS, HEY, THESE ARE OTHER ADDRESSES THAT WE HAVE IN OUR FILE. IF THERE’S AN ADDRESS IN OUR FILE THAT WE HAVE DOWN AS A CURRENT ADDRESS AND THE INQUIRY ADDRESS THAT WAS GIVEN IS A DIFFERENT ADDRESS, WE WILL ALERT THEM AT THAT TIME AS WELL.
IF WE HAVE A SOCIAL SECURITY NUMBER THAT’S DIFFERENT, WE WILL TELL THEM ABOUT THAT AS WELL.
Q I APPRECIATE THAT, BUT I DON’T THINK THAT’S WHERE I WAS GOING WITH MY QUESTION. MY QUESTION IS THIS, SINCE 1999 FORWARD TO THE DATE OF THIS ADMINISTRATIVE REPORT, IS IT TRUE THAT ROUGHLY SIXTY INQUIRIES WERE MADE INTO THIS CREDIT FILE AND CREDIT REPORTS GENERATED?
A YES.
Q AND ISN’T IT TRUE THAT UNLESS INFORMATION IS SHOWN AS HAVING BEEN SUPPRESSED OUT OF THESE, OUT OF THIS REPORT, CERTAIN PIECES OF DATA, THAT ESSENTIALLY THIS CREDIT FILE WOULD HAVE BEEN GENERATED AND PRODUCED UPON THIS INQUIRY?
A PROVIDED A PREPONDERANCE OF THE IDENTIFYING INFORMATION PROVIDED ON THE INQUIRY MATCHED A PREPONDERANCE OF THE IDENTIFICATION THAT THIS PIN IS STORED UNDER, THEN I WOULD EXPECT IT TO DISPLAY MOST OF THE INFORMATION THAT’S ON THIS CREDIT REPORT IN TERMS OF TRADE LINES, WITH CERTAIN EXCEPTIONS THAT I THINK YOU ARE FAMILIAR WITH. FOR EXAMPLE, IF THINGS WERE SOFT DELETED. IF AN ACCOUNT WAS SUPPRESSED BECAUSE MAYBE A GIVEN SUBSCRIBER’S DATA WAS BEING SUPPRESSED, IT MIGHT BE SUPPRESSED FOR THAT REASON.
SO GIVEN THOSE KINDS OF EXCEPTIONS, PROVIDED THAT THERE WAS A PREPONDERANCE OF MATCHING AND FIND CONSUMER WAS SATISFIED THAT IT VERY LIKELY BELONGED TO THE PERSON BEING INQUIRED UPON, IT WOULD DISPLAY MOST OF THE INFORMATION THAT YOU SEE HERE.
Q AND THE REASON THAT AN INQUIRY WOULD POST TO THIS FILE IS BECAUSE IN FACT THIS FILE WAS RESPONSIVE TO THE INQUIRY, CORRECT?
A YES.
Q SO, FOR EXAMPLE, IF WE LOOKED ON THIS REPORT AND WE LOOK AT THE FIRST CAPITAL ONE BANK INQUIRY FROM JANUARY 19, 2001, IS IT FAIR TO SAY THAT WHEN CAPITAL ONE BANK INQUIRED ABOUT MS. COMEAUX THAT THE FILE THAT WAS RESPONSIVE WAS IN FACT THIS FILE?
A CAN YOU TELL ME WHICH PAGE YOU ARE LOOKING AT, PLEASE?
Q I AM LOOKING AT PAGE NUMBER 22, THE FIRST INQUIRY.
A I THINK IT WOULD BE HELPFUL IF WE COULD JUST TAKE A MINUTE HERE, YOUR HONOR, JUST TO --
THE COURT: TAKE YOUR TIME AND PUT THE PAGES IN ORDER. DO WE HAVE A STAPLE REMOVER WE MIGHT ASSIST MR. BROWNE WITH?
A I HAVE IT, THANK YOU.
THE COURT: A STAPLER, WE WILL NEED A STAPLER. VERY WELL, YOU MAY CONTINUE.
A I AM SORRY, COULD YOU REPEAT YOUR QUESTION, PLEASE?
Q YES, SIR, CERTAINLY. WE WERE LOOKING AT THE FIRST INQUIRY ON PAGE 22, CAPITAL ONE BANK. IS IT FAIR TO SAY THAT CAPITAL ONE BANK MADE AN INQUIRY PERTAINING TO THE PLAINTIFF AND THAT THIS PARTICULAR FILE, THE FILE THAT’S THE SUBJECT OF THE ADMINISTRATIVE REPORT, WAS RESPONSIVE TO THAT REQUEST AND WAS RETURNED AS PART OF THE CREDIT REPORT ULTIMATELY PROVIDED TO CAPITAL ONE BANK?
A WELL, THEY DIDN’T GET A FULL CREDIT REPORT. THEY DID WHAT IS KNOWN AS AN ACCOUNT REVIEW.
Q THAT’S CORRECT, WHICH WOULD BE A DERIVATIVE. IT WOULD BE A CREDIT SCORE BASED UPON THE DATA CONTAINED IN THE FILE, IS THAT CORRECT?
A I DON’T KNOW WHAT CAPITAL ONE HAS REQUESTED TO RECEIVE WHEN THEY DO A REVIEW, BUT IT WOULD BE A — YOU COULD SAY IT’S A DERIVATIVE AND NOT A FULL CREDIT REPORT.
Q LET’S LOOK AT A DIFFERENT INQUIRY SO THAT WE ARE CLEAR. WE WILL GO UP HERE TO THE MORTGAGE INQUIRY THAT’S THE SUBJECT OF THIS CASE IN PART. DO YOU SEE AN INQUIRY BY ADVANTAGE CREDIT INTERNATIONAL ON AUGUST 21, 2002?
A ON WHAT PAGE?
MR. MCLOON: YOUR HONOR, WHAT PAGE ARE WE ON NOW?
THE COURT: 22. I BELIEVE HE IS STILL ON 22, ARE YOU NOT? OR HAVE YOU MOVED PAGES?
MR. Szwak: WE ARE ON PAGE 20.
THE COURT: EXCUSE ME, PAGE 20.
Q PAGE 20. I WILL JUST MOVE IT UP AND SET IT OUT. MR. BROWNE, ARE YOU ON PAGE 20 WITH US?
A YES. I HAVE AN ADVANTAGE CREDIT INQUIRY MADE ON 8-21-02.
Q AND JUST FOR CLARITY, IF WE WOULD LOOK ON THE NAME ROW TABLE, NAME ROW NUMBER 3729, THIS IS AN INQUIRY ABOUT CYNTHIA COMEAUX, THE PLAINTIFF, IS THAT TRUE?
A YOU ARE TALKING ABOUT THE ADVANTAGE INQUIRY?
Q YES, SIR.
A I WOULD EXPECT THAT TO BE TRUE.
Q AND LISTING HER SOCIAL SECURITY NUMBER AS PART OF THE INQUIRY INPUT, IS THAT TRUE?
A I CAN’T BE SURE WHAT THEY USED ON THE INQUIRY.
Q WELL, IF WE LOOK AT THE NAME ROW ELEMENT, IT SAYS 3729, IS THAT CORRECT?
A WELL, AS I MENTIONED EARLIER, WE DID MAINTENANCE IN 1998, AND SO I CAN’T BE SURE FOLLOWING THE MAINTENANCE WHAT THE SOCIAL WAS THAT THEY USED.
Q WELL, THIS PARTICULAR INQUIRY OCCURRED AUGUST 21 OF 2002, IS THAT RIGHT?
A OKAY. IN THIS CASE, BECAUSE THE EARLIEST ENTRY ON THE NAME ROW POSTDATES THE MAINTENANCE WE DID IN 1998, I AM ABLE TO GIVE YOU AN ANSWER. THE ANSWER IS THAT THEY USED THE SOCIAL OF ***-**-8298.
Q AND THAT IS THE PLAINTIFF’S SOCIAL SECURITY NUMBER, CORRECT?
A YES.
Q NOW IF WE LOOK AT THE ADDRESS ROW ELEMENT WE CAN TELL WHAT ADDRESS THAT ADVANTAGE CREDIT INTERNATIONAL ON BEHALF OF ALLIED MORTGAGE CAPITAL INPUTTED INTO THE INQUIRY FORMAT, IS THAT TRUE?
A LET ME JUST LOOK THAT UP FOR YOU. YES.
Q AND WOULD THAT CORRELATE TO 1005 SUMMIT CIRCLE, CARROLLTON, TEXAS?
A YES.
Q AND YOU RECOGNIZE THAT TO BE CYNTHIA COMEAUX’S ADDRESS AT ONE POINT IN TIME?
A YES.
Q SO IS IT FAIR TO SAY WE NOW, MORE ACADEMIC THAN ANYTHING, DETERMINED THAT THE INQUIRY AT THE TIME THAT THIS MORTGAGE BROKER LENDER MADE AN INQUIRY ABOUT THE PLAINTIFF, THEY USED HER NAME, CYNTHIA COMEAUX, HER SOCIAL SECURITY NUMBER AND HER ADDRESS AT THE TIME IN CARROLLTON, TEXAS, IS THAT TRUE?
A YES.
Q NOW, AS A RESULT OF THAT INQUIRY INPUT, DID EXPERIAN RETURN TO THIS PARTICULAR INQUIRER THIS CREDIT FILE?
A I EXPECT THAT THEY WOULD HAVE GOT THIS CREDIT FILE.
Q AND, THEREFORE, THERE WOULD BE AN INQUIRY POSTED TO THIS FILE DENOTING THAT THIS FILE WAS IN FACT RETURNED TO THEM, CORRECT?
A YES.
Q THANK YOU. NOW, WE HAVE TALKED ABOUT THE FIND CONSUMER PROGRAM AND THE FACT THAT IT WILL DO A SEARCH OF THE INFORMATION IN THE RECORD OR FILE AND COMPARE IT AGAINST THE INQUIRY INPUT EACH TIME A CREDIT REPORT IS REQUESTED, IS THAT TRUE?
A YES.
Q FOR EXAMPLE, IN THE CASES WHERE WE LOOKED AT THE INQUIRIES AND WE NOTED THAT THERE WERE A NUMBER OF INQUIRIES THAT WERE MADE, DO YOU KNOW WHY IT WOULD NOT HAVE CAUGHT THIS MIXED FILE PROBLEM?
A BECAUSE UNFORTUNATELY IT IS VERY, VERY COMMONPLACE FOR DIFFERENT FORMS OF PEOPLE’S IDENTIFIERS TO BE IN OUR DATABASE AND IT IS QUITE ACCURATE. I MEAN, WE HEARD EARLIER THAT CINDY CARR USES A NUMBER OF DIFFERENT, AND HER LENDERS WHO REPORT TO EXPERIAN, REPORT UNDER A NUMBER OF DIFFERENT VERSIONS OF HER NAME. THAT’S JUST REALITY. THE FACT IS THAT PEOPLE’S SOCIALS, SOMETIMES THEY GET REPORTED TO US THERE IS ONE DIGIT OFF. THEY MIGHT BE TWO DIGITS OFF. OR IT MIGHT BE THEIR SPOUSE’S SOCIAL THAT GETS REPORTED TO US.
I THINK THERE IS GOING TO BE TESTIMONY IN THIS CASE ABOUT CINDY CARR, SOMETIMES SHE WOULD USE HER HUSBAND’S SOCIAL WHEN SHE WAS DOING FINANCIAL TRANSACTIONS. THIS IS THE GRIM REALITY THAT EXPERIAN HAS TO FACE WHEN IT IS TRYING TO MAINTAIN CREDIT REPORTS ON MORE THAN 200 MILLION PEOPLE. AND IF WE WERE TO REQUIRE AN EXACT MATCH BEFORE WE COULD DISPLAY ANY INFORMATION, THE FACT IS THE MAJORITY OF PEOPLE, THE VAST MAJORITY OF PEOPLE WOULD HAVE AN INCOMPLETE CREDIT REPORT, AND THEN YOU WOULD HAVE TURN DOWN LETTERS, AS I BELIEVE THERE IS ONE IN THIS CASE, SAYING: INSUFFICIENT CREDIT HISTORY. AND THAT WOULD NOT BE BENEFICIAL FOR CONSUMERS AT LARGE.
Q WELL, I APPRECIATE ALL OF THAT. I DON’T KNOW THAT IT WAS RESPONSIVE TO MY QUESTION, BUT I AM GOING TO GO BACK AND ASK YOU, ISN’T IT A FACT THAT IN THIS CASE FIND CONSUMER PROGRAM PROCEDURE NEVER CAUGHT THIS MIXED FILE PROBLEM, ISN’T THAT TRUE?
A IT WAS NOT ABLE TO TELL THAT THERE WAS A MIXED FILE.
Q NOW, IN THIS CASE ISN’T IT A FACT THAT THERE WERE MANY, MANY ITEMS IN THIS FILE, INDIVIDUAL ITEMS, WHICH HAD A SOCIAL SECURITY NUMBER THAT WAS DIFFERENT FROM THE PLAINTIFF’S?
A WE ARE TALKING ABOUT THE 326 AND 328?
Q YES, SIR.
A YES.
Q THERE WERE ACTUALLY A NUMBER OF ITEMS UNDER CINDY CARR’S TRUE SOCIAL SECURITY NUMBER, CORRECT?
A YES.
Q IF I COULD FOR A MOMENT I WOULD LIKE TO FLIP DOWN A SHEET AND ASK YOU ABOUT THE FOUR DIFFERENT SOCIAL SECURITY NUMBERS THAT WERE IN THE FILE. I KNOW YOU CAN’T SEE THAT. IF YOU MIGHT BE ABLE TO STEP AROUND AND TELL ME IF YOU CAN IDENTIFY THOSE FOUR --
THE COURT: YOU MAY TAKE THE MIC, IF YOU LIKE.
MR. Szwak: YES, SIR. THANK YOU. I WILL JUST GET HIM TO LOOK AT THEM FOR A MOMENT, THEN I WILL ASK HIM SOME QUESTIONS. CAN YOU SEE THE BOARD, MR. BROWNE?
A YES, I CAN.
Q DOES THAT APPEAR TO BE AN ACCURATE REPRESENTATION OF THE FOUR DIFFERENT SOCIAL SECURITY NUMBERS THAT APPEARED IN THE PLAINTIFF’S CREDIT FILE?
A I DON’T REMEMBER THIS ONE OFF THE TOP OF MY HEAD. THE SAME WITH THIS, BUT I WILL TAKE YOUR WORD THAT ACCURATELY REPRESENTS WHAT’S ON THE CREDIT REPORT.
Q OKAY. I AM POINTING TO NAME ROW ELEMENT 27141. DO YOU SEE THAT THIRD SOCIAL SECURITY NUMBER DISPLAYED?
A I AM SORRY, COULD I HAVE THAT NUMBER AGAIN?
Q YES, SIR, IT’S NAME ROW ELEMENT NUMBER 27141, PAGE 1 OF THE ADMINISTRATIVE REPORT.
A YES, I HAVE THAT.
Q DO YOU SEE THAT THIRD SOCIAL SECURITY NUMBER?
A YES, I HAVE THAT.
Q AND THEN I WANT TO SHOW YOU NOW THE MITSUBISHI MOTOR ACCOUNT WHICH APPEARED IN PLAINTIFF’S CREDIT FILE. IT IS ON PAGE 9 OF THE ADMINISTRATIVE REPORT, AND ASK IF YOU SEE THE FOURTH SOCIAL SECURITY NUMBER THAT HAS APPEARED IN THE PLAINTIFF’S CREDIT FILE?
A YES, I DO.
THE COURT: I BELIEVE YOU CAN BE SEATED, MR. BROWNE.
Q YES, SIR, MR. BROWNE, IF YOU WOULD LIKE TO TAKE A SEAT, I APPRECIATE IT. WOULD IT BE ACCURATE TO SAY THAT ON NONE OF THE OCCASIONS WHERE THERE WERE INQUIRIES MADE OR NEW ITEMS ADDED TO THIS CREDIT FILE THAT FIND CONSUMER NEVER FOUND ANY OF THOSE OTHER SOCIAL SECURITY NUMBER DEVIATIONS, IS THAT TRUE?
A I WOULD SAY THAT IT DIDN’T FIND THEM.
Q NOW, IF WE LOOK AT THE PLAINTIFF’S SOCIAL SECURITY NUMBER, IT IS ONE DIGIT DIFFERENT FROM CINDY CARR’S SOCIAL SECURITY NUMBER, IS THAT TRUE?
A WHICH ONE ARE YOU LOOKING AT, THE THIRD ONE?
Q YES, SIR. I AM REFERRING TO THE PLAINTIFF’S SOCIAL SECURITY NUMBER. IT IS A FACT THAT IT IS ONE DIGIT DIFFERENT FROM CINDY CARR’S, IS THAT TRUE?
A THAT’S CORRECT, YES.
Q NOW THERE IS A THIRD SOCIAL SECURITY NUMBER THAT APPEARS TO BE TWO DIGITS DIFFERENT FROM THE PLAINTIFF’S. IT BEGINS ***-**-8298. IS THAT TRUE?
A THAT IS CORRECT.
Q DO WE KNOW WHOSE SOCIAL SECURITY NUMBER THAT IS?
A I WOULD BELIEVE THAT IT’S AGAIN WHAT OFTEN HAPPENS IN PRACTICE, PEOPLE MISKEY WHEN THEY ENTER DATA.
Q WELL, THOSE TWO DIGITS ARE NOT NEXT TO EACH OTHER, SO IT DOESN’T APPEAR TO BE A TRANSPOSED NUMBER, DOES IT?
A WELL, I REALLY — IT’S PROBABLY BEST I DON’T SPECULATE AS TO WHY SOMEBODY MISKEYED THAT.
Q BUT YOUR BELIEF IS THAT IT WAS A MISKEYED SOCIAL SECURITY NUMBER AS OPPOSED TO ANOTHER EXAMPLE OF MIXING PART OF SOMEONE ELSE’S CREDIT RECORD INTO MY CLIENT’S CREDIT RECORD, RIGHT?
A I BELIEVE IT WAS A MISKEY.
Q NOW, IN THIS PARTICULAR ADMINISTRATIVE REPORT DID YOU FIND OTHER -- OTHER NAME ROW AND ADDRESS ROW ELEMENTS THAT HAD BEEN ZEROED OUT OF THIS REPORT?
A I’D HAVE TO TAKE A QUICK LOOK.
Q MR. BROWNE, IT MAY BE HELPFUL IF I COME BACK TO THOSE QUESTIONS IN A MOMENT, IF YOU DON’T MIND.
A WELL, SO FAR I HAVE COUNTED --
Q JUST TO SAVE OURSELVES ON TIME.
THE COURT: HOW MUCH MORE TIME DO YOU EXPECT OF EXAMINATION? WE HAVE HAD NOW ABOUT ALMOST AN HOUR AND THIRTY, FORTY MINUTES OF —
MR. Szwak: YOUR HONOR, IT MAY BE A LITTLE MORE.
THE COURT: LET’S TRY TO MOVE THIS ALONG. WE HAVE GOT A LOT OF WITNESSES TO COVER IN THE NEXT THREE DAYS.
MR. Szwak: YES, SIR.
A I HAVE FOUND THREE SO FAR.
Q AND DO THOSE APPEAR TO HAVE BEEN ZEROED OUT AS A RESULT OF ADDITIONAL MAINTENANCE?
A I BELIEVE IT WAS PART OF THE SAME MAINTENANCE I REFERRED TO EARLIER.
Q LET ME ASK YOU, AS OF TODAY, DO YOU KNOW WHETHER EXPERIAN HAS PROPERLY SEGREGATED THESE TWO DIFFERENT CONSUMER’S FILES?
A YES.
Q AND DO YOU KNOW WHAT DATE THAT FINALLY TOOK PLACE ON?
A I BELIEVE IT WAS ROUND ABOUT OCTOBER OF 2003, BUT PROBABLY PREFER TO REFRESH MY RECOLLECTION ON THAT BY LOOKING AT OTHER DOCUMENTS.
Q OTHER THAN THE FIND CONSUMER PROGRAM, CAN YOU TELL THE JURY WHETHER THERE ARE ANY OTHER SCREENING PROGRAMS OR PROCEDURES TO LOOK FOR INCONSISTENT PERSONAL IDENTIFICATION DATA WHEN A CREDIT REPORT IS PREPARED?
A WHEN A CREDIT REPORT IS PREPARED, THE FIND CONSUMER SWEEPS INTO ACTION, AND THAT’S THE TOOL THAT WE USE TO TRY TO FIND A CREDIT REPORT AND TO TRY TO ENSURE THAT WE DON’T DISPLAY INFORMATION BELONGING TO DIFFERENT PEOPLE.
Q I WOULD LIKE TO ASK YOU, ACCORDING TO EXPERIAN’S RECORDS, DO YOU KNOW WHEN THE PLAINTIFF FIRST HAD CONTACT WITH EXPERIAN?
A THIS IS NOT SOMETHING THAT I PREPARED FOR TESTIFYING TODAY. BUT I HAVE A FEELING THAT IT WAS IN THE EARLY PART OF, LET ME SEE, I THINK IT WAS SOMETIME IN 1999.
Q DO YOU KNOW WHETHER THE PLAINTIFF HAD ANY CONTACT WITH YOUR COMPANY IN THE YEAR 1997?
A NOT THAT I CAN RECALL. AGAIN, I HADN’T PREPARED FOR THIS.
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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