My Fax to TU - January 16, 2002

LeslieAnn Haacke
Renaud, Cook & Drury, P.A.
Two Renaissance Square
40 North Central Avenue, Ste 1600
Phoenix, AZ 85004

Paul L. Myers, Esq.
Amanda Stamps, Esq.
Strasburger & Price, L.L.P.
901 Main Street, Suite 4300
Dallas, TX 75202-3794

January 16, 2002

Re: My response to your Answer dated October 17, 2001 in response to my Kingman Justice Court Small Claims Complaint 80101 CV 1566 SC
My demand for a COMPLETE credit report, including all dates, account type and inquiry coding
My demand for my user changeable PIN to prevent future dispute ID problems, identity theft and unauthorized inquiries
My increasing my claim to $10,000 due to your moving my claim to the Civil Division


Ms. Haacke, Mr. Myers, and Ms. Stamps:

How many attorneys does TU (Trans Union) usually hire to squash a SMALL CLAIMS suit?

My response to the TU October 17, 2001 Answer, filed with the Court on October 22, 2001:

"A. The Complaint fails to set forth facts sufficient to state a claim upon which relief may be granted against Defendant, and further fails to state facts sufficient to entitle Plaintiff to the relief sought, or to any other relief whatsoever, from Defendant;"

RESPONSE:

Those three lines on the small claims form don't allow for extensive explanations. That's why I promptly returned Ms. Stamps’ phone call. I explained my complaint to her in detail on the telephone. Apparently that was a mistake. So I'll explain everything again, for the record:

On August 8, 2001, I sent my dispute to TU. For identification I included a copy of my credit report. That credit report contained my name, social security number and address, and I had highlighted and annotated the disputed accounts. I also included a cover letter with the listing and explanation of my disputed accounts, as well as my name and current billing address.

On August 20, 2001, TU responded by sending me a letter requesting that I forward a copy of my driver's license and social security card.

In response to this ludicrous request, which caused the denial of my credit application on September 6, 2001 with Generations Bank, I filed the Small Claims suit on September 26, 2001 for $2,500, the small claims maximum:

"Trans Union failed to investigate my disputes, as required by the Fair Credit Reporting Act. I was subsequently DENIED credit, based on the Trans Union credit report."

After receipt of my suit, Amanda Stamps left a voice message for me. Ms. Stamps later identified herself as TU outside attorney with Strasburger & Price, L.L.P. in Dallas, TX, as listed on the October 17, 2001 TU Answer to my complaint.

After numerous calls and reaching only her voice mail, I finally spoke with Ms. Stamps on October 17, 2001. She stated that she knew absolutely nothing about my dispute. I provided Ms. Stamps with the detailed information about my dispute as outlined above. In addition, she asked what my damages were. I informed her that I had been declined for credit and was unable to obtain a conventional mortgage. She promised to investigate my complaint and to get back to me. I provided my e-mail address as well as fax number to Ms. Stamps.

That very SAME day, TU submitted to the court their Answer and the motion to move my complaint to the Civil Division.

However, Ms. Stamps has yet to get back to me with the results of her investigation.

I am confused.

Considering that the TU Answer was apparently written immediately after I spoke with Amanda Stamps, it stipulates that my phone conversation with her never happened.

Is Ms. Stamps suffering from amnesia?
Did I NOT speak with Ms. Stamps?
Did somebody impersonate her?
Was I supposed to have her send me copies of her driver's license and social security cards prior to discussing my case with her?

Is 214-651-4461 really Ms. Stamps' phone number?

What exactly is going on?

The FCRA states:

"§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]
(a) Reinvestigations of disputed information.
(1) Reinvestigation required.
(A) In general. If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer."

TU clearly violated the FCRA. I was subsequently declined credit and suffered damages as evidenced by creditor decline letters.

"B. Upon information and belief, some or all of the purported damages allegedly suffered by Plaintiff are the results of the acts or omissions of third parties/persons over whom the Defendant had neither control nor responsibility;"

Who is that?

Please immediately provide the names and addresses of those third parties/persons so I can file suits against THEM.

"C. Plaintiff has failed to mitigate her damages; "

How?

Please be specific.

"D. Upon information and belief, some or all purported damages allegedly sustained by Plaintiff were, at least in part, caused by the actions or inactions of Plaintiff herself and resulted from Plaintiff's own negligence which equaled or exceeded any alleged negligence or wrongdoing by Defendant;"

Which actions and inactions are you referring to? I was NEGLIGENT? HOW SO?

"E. All Plaintiff's claims against Defendant are barred because Defendant complied with all statutory requirements;"

TU violated the FCRA § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

"F. The Complaint and each claim for relief therein is barred by laches, waiver, estoppel and/or unclean hands;"

Each claim? How many claims were there? What lached? What waiver? What estoppel?

And, I wash my hands several times a day, please mind your own business.

"G. Upon information and belief, Plaintiff's claims against Defendant in the Complaint are barred by the provisions of 15 U.S.C. 1681p, the applicable statute of limitations."

Excerpt from the FCRA:

"§ 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p]

An action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this title, the action may be brought at any time within two years after discovery by the individual of the misrepresentation."

I mailed my dispute to TU on August 8, 2001, as evidenced by the TU demand for copies of my driver's license and social security card on August 20, 2001.

On October 17, 2001, TU claims that the two year statute of limitations is up, less than 2 months after my refused dispute.

What am I missing?

"H. At all relevant times, Defendant maintained and followed reasonable procedures to assure compliance with statutory requirements and maximum possible accuracy of the information concerning Plaintiff in preparing consumer reports; and "

TU violated FCRA § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] as evidenced by TU’s refusal to investigate my disputes.

Additionally, TU violated FCRA § 609. Disclosures to consumers [15 U.S.C. § 1681g]

TU failed to provide complete consumer credit report disclosures as required by the FCRA.

"I. Defendant reserves the right to assert such other and additional affirmative defenses available to it, pursuant to Ariz. R. Civ. P. Rules 8 and 12 and Fed. R. Civ. P. Rules 8(c) and 12(b), at such time and to such extend as is warranted and as may be revealed through disclosure, discovery and the factual development in this matter."

I have no idea what that means, as I'm not a lawyer. I hope it doesn’t mean that TU can violate the FCRA without any consequences.

"WHEREFORE, Defendant respectfully requests that this Court dismiss Plaintiff's Complaint in its entirety as against it, and grant judgment in its favor, together with an award of attorneys' fees and costs incurred in defense of this action pursuant to the Fair Credit Reporting Act, 15 U.S.C. 1681n and 1681o, and for any such further relief as the Court deems proper under the circumstance."

As per my call to the court last week nothing was dismissed. I certainly will also request attorneys ‘ fees and costs incurred in my attempt to have TU do business in accordance with the FCRA and any other applicable laws.

I find TU attorney Amanda Stamps' failure to get back to me as promised absolutely despicable.

TU ignored me and my claim and instead submitted this ridiculous answer to the Kingman Justice Court. Why am I surprised? After all, that’s how credit bureaus customarily treat consumers.


QUESTION: WHY did TU refuse to investigate my disputes without copies of my driver’s license and social security card?

1) Everybody has to have a driver's license and social security card in order to have the right to dispute under the FCRA?
2) My enclosed credit report was not acceptable ID?
3) Why is ID is required at all? I see NOTHING in the FCRA about "proper identification" requirements in order to dispute reported data.

I did NOT request my credit report, I requested investigation of the disputed accounts as per my enclosed credit report.

4) A copy of a driver's license and social security card is identification?

Just about anyone with a computer and printer can send copies of a driver's license and social security card with my name on it.

TU has no picture of me on file, so you have no way to verify the picture on any copy of a driver's license submitted.

WHY is the complete credit report I had enclosed with my dispute NOT sufficient identification?

Apparently TU is attempting to MINIMIZE the number of disputes.

Many consumers will not comply with the TU requests as they either don't have a social security card and/or driver's license or don't have a copier. And of course, people do have other things to do than to make a huge project out of something as unpleasant as ordering and reviewing incoherent credit reports.

Does TU ever add driver's license numbers to the consumer's credit report?

Does TU have MY driver's license number on file?


Additional COMPLAINT #1:

In violation of the FCRA § 609. Disclosures to consumers [15 U.S.C. § 1681g] TU failed to provide my complete consumer credit report disclosures as required by the FCRA.

In order to mitigate my damages, I hereby request that TU provide to me my COMPLETE credit report including ALL data TU has in my file and distributes to creditors as well as Fair, Isaac’s credit scoring software ASAP.

As minimum Fair, Isaac credit scores are mandatory for most mortgage approvals, credit cards and auto loans, TU's failure to disclose this data is causing many millions of dollars in damages to the American public. Many thousands are unable to achieve home ownership, ONLY because they don't know what is incorrectly reported by TU.

You can't dispute, what you don't know.

My credit report must include:

1) The dates for all reported late payments.

How can a consumer determine whether a reported late payment is accurate when TU doesn't list the date?

"In prior 44 months from date closed 3 times 90 days, 1 time 60 days, 3 times 30 days late. Maximum delinquency of 90+ days occurred in 05/98"

WHEN were those lates?

We need to have the date of delinquency for EACH and EVERY reported late payment.

If TU does NOT have the dates, those derogatory notations need to be deleted.

2) The dates utilized by TU to determine the start of the credit reporting period as prescribed by the FCRA § 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

This date, referred to as the "commencement of the delinquency" in the FCRA and in FTC Opinion Letters, is extremely important as underwriters determine the severity of derogatory accounts by this date and it has to be clearly identified to consumers so that it can by disputed when incorrect.

The OLDER a delinquency, the less important it is to underwriters and credit scores, and the sooner it ages off the report.

3) The account type.

TU needs to disclose what type of account is being reported, i.e. revolving bank card, finance company, etc. as the account type is utilized by underwriters and credit scoring software such as Fair Isaac's.

In order to obtain the desirable mix of department store charge cards and revolving bank cards, and in order to close score lowering finance company accounts, consumers have to know what types of accounts are reported on their credit reports.

4) The inquiry coding.

According to Fair, Issac, auto and mortgage inquiries are deduplicated to prevent the excessive impact of credit score lowering inquiries when consumers shop for the best auto and mortgage rates. Insurance inquiries are ignored entirely by Fair, Isaac’s credit scoring software.

I need to verify that all my inquiries are coded correctly.

5) Any and all data TU maintains in my file.

Due to Fair, Isaac’s secrecy, there could well be other data in my file that’s currently NOT disclosed by TU.

I am requesting ALL data TU has in my credit file.


Additional COMPLAINT #2:

TU failed to comply with § 607. Compliance procedures [15 U.S.C. § 1681e]

"Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 605 [§ 1681c] and to limit the furnishing of consumer reports to the purposes listed under section 604 [§ 1681b] of this title."

TU failed to assign a user changeable PIN to protect my credit file from unauthorized access with the following consequences:


** TU refused to investigate my dispute because you did not believe it was me who disputed the incorrectly reported accounts on my credit report. A PIN would have prevented this problem.

** Unauthorized inquiries cause credit declines as well as identity theft.


According to the FTC, IDENTITY THEFT is a huge problem.

As my PIN is not currently required to access my credit file, anyone can apply for credit under my name by providing the "personal" information that I publicized literally many hundreds of times on cell phones, cord less phones, and pay phones. I distribute much of my personal identifying data every time I write a check, every time I apply for any account and every time I pay with a credit card.

I frequently order on-line and provide my name, address and credit card information to pay for my orders.

Often my driver's license is required as ID when I pay by credit card in person.

The (minimum wage?) clerk then has

** my credit card number
** the expiration date
** the "secret" 3 digit ID number on the back of the credit card
** my signature
** my name and address
** my social security number
** my driver's license number
** my date of birth


All this "identifying" data is clearly displayed on my credit card and driver's license.

Just like I have a PIN for my credit cards, debit cards, bank accounts and numerous other accounts of much lesser importance, I need a PIN to protect my credit file.

I hereby request that TU contact me via fax to 206-202-4653 to arrange for setting up my PIN.

Should I suffer damages due to identity theft and/or unauthorized inquiries and/or further TU refusals to investigate my disputes, I will hold TU liable for damages and legal fees.

Summary:

As of today, my legal fees have been limited to $50 plus the filing fees. I'll keep it at that if TU answers my questions above in plain English, issues my user changeable PIN and provides me with my complete credit report by January 24, 2002.

I will increase my claim to $10,000 as the small claims limit no longer applies.

FYI, my credit file is currently located at 989 So. Main Street, A-150, Cottonwood, AZ 86326. Please note that this is not my current mailing address as I travel extensively. My current mailing address is (deleted.)

I'm looking forward to settling this matter without incurring extensive legal fees and/or the filing of a federal and/or class action suit.

I sincerely hope that ALL consumers will get their user changeable PINs and complete credit reports.

Sincerely,

Christine Baker
fax: 206-(changed)

Copy faxed to FTC at 202-326-2012

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Subject: CONFIRM: Trans Union FCRA violations

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"ATTN: FTC

FYI - my letter to the TU attorneys. Why am ** I ** doing YOUR job?

Sincerely,

Christine Baker"