Does Trans Union WANT to be sued?

[Wyndo]

Well, in response to my 9-25-02 request that A) they remove a supposedly verified "judgement" after refusing to provide me with a written notice of "how" it was verified, and that they investigate inquiries on my credit file I didn't authorize, I recieved a letter dated 9-30-02 (it was postmarked 10-2-02, so appearently it took over two weeks for the postal service to deliver it to me), I have received their response.

It's exactly what I expected.

They did no investigation whatsoever. What they sent back was a cover letter telling me that these companies don't have to have my authorization to pull my credit report, and three pages following which contain names and addresses of all the people who placed inquires, the judgement, or accounts onto my report. They go on to say that I'm welcome to contact them all myself, if I feel there has been a problem.

Here's the thing. I'm fed up with them. I've been disputing things for more than two years, and have everything cleaned up now except that one judgement entry showing for Blockbuster Video, and a whole slew of inquiries I didn't authorize. In my dispute, I reminded them that I had asked for information regarding their reinvestigation process on the judgment - something I'm entitled to by law - and they refused to provide it. In my letter I pointed out that they had already violated the FCRA, but that I would forego a lawsuit provided they'd simply remove the judgement listing from the report. In the same letter, I went on to explain that several inquiries showing up were not authorized by me, and that *if* they responded back that these were simply a "statement of fact" I would certainly press forward with a lawsuit.

So, evidently they *want* to be sued.

So, once I convince my wife it's the right thing to do (she absolutely does *not* want me to mess with it -- she thinks it will cost way more money than we could possibly make back, and that I have no chance at all of winning the case), I plan to sue.

Any advice? Do I need to buy the Credit book, the online book, or do I just start by filing a small claims lawsuit in my local court? How do I begin? The two main violations would be A) refusing to send me information about their reinvestigation process on the judgment entry, and refusing to investigate these bogus inquiries. How much in damages should I be seeking? I did apply for a lease on a car and was denied back in July this year (though we worked out a deal for a traditional loan afterwards), and one of the things the business manager at the dealership mentioned was the judgment showing up on my Trans Union report.

So, what now? And, will I be needing a lawyer?

[Edit by Wyndo on Thursday, October 17, 2002 @ 03:52 PM]

[Wyndo]

I went ahead and purchased the "PoorMansLawsuit" PDF -- it'll probably answer my questions -- but any advice is still appreciated!

[Anonymous]

I went agead and got the book myself. I didnt know I should try to settle first before I try to sue. But it sounds like they just blew your settlement letter off. I wonder if they will blow you off when you file in small claims court.

[Wyndo]

Not sure. I guess after I file the lawsuit, I need to attempt to settle again. Maybe they thought I was bluffing, and seeing the proof will turn them around. Here's hoping!

[Wyndo]

Well, even with the eBook, I'm still a little confused.

First, my wife is horribly worried that I won't win (they're too big to take on), and that when I don't win, they'll be awarded thousands in a judgement against *us*. I told her that was absurd, unless they tried to counter-sue me (and for what?) but she *is* worried for nothing, right? First of all, I think my case is solid. But, if it didn't go my way, I'd only be out the filing costs, right?

Second, who do I sue? I've used the "Resident Agent" search page for Kansas, which leads to http://www.accesskansas.org/apps/corporations.html, but a search for "Trans Union" lists several companies, some of which are "merged out of existence" or "did not re-file" or what have you. The "Trans Union LLC" shows as being in good standing, but appearently is some tax firm, not a CRA. I can't figure out which one is the right one, if any. Has anybody sued Trans Union from Kansas? I'm in Wichita.

Thanks.

[Swede]

Wyndo, have you filed complaints with the BBB/FTC/AG/PFB? Unless you're dying to sue, and since you're wife is worried, I'd use court as a last result.

One thing that you could try is to fill out all the paperwork for a lawsuit but don't file it. Then send it to TU and state that "you're already in possession of my next communication, should you once again fail to comply with the FCRA and acknowledge my rights". Just a hunch but I think maybe if they realize you didn't go through all this work for nothing and that you mean business.

If you have not yet read the case of Cushman v. TransUnion here's the link for it.

This appeal concerns, among other issues, the extent of a consumer reporting agency's obligation, pursuant to section 611(a) of the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681i a) (1982), to conduct a reasonable reinvestigation of information on a consumer's credit report alleged by the consumer to be inaccurate. We hold that the district court erred to the extent that it concluded as a matter of law that defendant Trans Union Corporation ("TUC") fulfilled its obligation under § 1681i(a). Therefore, we will reverse and remand the district court's grant of judgment as a matter of law on plaintiff-appellant Jennifer Cushman's claim for negligent noncompliance with that section.

[Edit by Swede on Friday, October 18, 2002 @ 04:01 PM]

[admin]

Wyndo -

It's really not that big a deal to sue in small claims. You don't need a lawyer, and the money you win isn't enough for them to send a legal team. I wouldn't back down at all. Most of the time once you file, the credit bureaus will settle out of court with you.

Here are three threads about people who have sued and won - you can email each person and ask them.

http://www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=1&thread=1312

http://www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=3&thread=1509&page=1#6

http://www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=15&thread=998

I think you need to make use of the laws which protect you.

[Wyndo]

I still haven't filed, but I need to quit procrastinating and do it soon. I just can't figure out who to sue. That "resident agent" search thing was of no use, as I can't figure out which of the 10 Trans Unions listed is the correct one. :-/

[admin]

How about a yellow pages search in your city? You might find them there.....

[highflyer40]

<blockquote>Originally posted by admin

Wyndo -

It's really not that big a deal to sue in small claims. You don't need a lawyer, and the money you win isn't enough for them to send a legal team. I wouldn't back down at all. Most of the time once you file, the credit bureaus will settle out of court with you.

Here are three threads about people who have sued and won - you can email each person and ask them.

http://www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=1&thread=1312

http://www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=3&thread=1509&page=1#6

http://www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=15&thread=998

I think you need to make use of the laws which protect you.

</blockquote>

I didnt actually make it to court. We settled before I even filed. I wouldnt have a problem with filing a small claims lawsuit though. I currently have Experian in my sights for mutiple violations. In MA if I send a 30 day demand letter before I file a small claims lawsuit, I could collect up to triple damages.

I suggest that you look into some of your state consumer laws also. It seems to me that once I throw a few of those laws at them along with the Federal laws, I get a better response to my liking. If that dont work, then I am prepared to file the lawsuit. I have done it before and like Admin said..it isnt anything at all.

Goodluck!

HF40

[Edit by highflyer40 on Friday, 1, 2002 @ 04:09 PM]

[Wyndo]

I was right. Trans Union definitely does want to be sued. I called today to give them one last chance to follow the FCRA. Their rep, Johnathon Blaise, told me that they believe they are following the FCRA and are within the law not to investigate inquiries. I also told that I would be suing for their failure to send me information regarding their "investigation" process on the judgement I disputed, and he claims they *did* send it in September which is total bull crap (the lady even told me flat-out they would not send it).

I did find that Trans Union LLC is listed here in Wichita, so it looks like I now know who to sue at least. I'm a little nervous (I always get upset any time I deal with those morons), but it looks like a lawsuit is the next step!

[admin]

You'll be fine - keep us informed and we'll give you motivation, support, whatever you need!

[Wyndo]

Well, convincing my wife is the first obstacle.

I *told* the guy that they were breaking the law, and the that FCRA requires that they investigate information contained on the report (especially since it plays such a role in credit scoring). I also told him I felt this was willful disregard for the law. He didn't really seem to care, and said that I'm welcome to file a lawsuit if I want, but their position is they've done nothing wrong. Grrrr.

[calawyer]

As far as the judgment goes, if they did send you something in September, it wouldn't be too much trouble to send it again. You might want to write them a quick note to that effect.

If you do file suit on the inquiries, I think that "investigation" is the key. The CRA will try to muck it up by saying the report is accurate. After all, there was an inquiry. You will have to tell the Judge that you have an answer to that question, but it is a red herring. They are supposed to investigate and they refused.

[Swede]

<blockquote>Originally posted by calawyer

The CRA will try to muck it up by saying the report is accurate. After all, there was an inquiry. You will have to tell the Judge that you have an answer to that question, but it is a red herring.

</blockquote>

That's totally true, they will say that it's a "matter of fact". Fine, great, whatever, but then why is it used in the formula to bring down my score?? Since TU is now using FICO, I'd go to Unfair Isaak's website and print out an explanation of his concoction of calculating scores and show proof that inquiries hurt your score and therefore, everyone and their mother should not be allowed to place em on your report.

[life]

Wyndo

Been reading your posts here about your wife my husband was the same way why fight them why take them to court we will lose ........

Well he came to court with me one day and while there the judge said to us its about time someone takes these morons to court...

We won after the hearing we talked to the judge and we found out that 3 other people filled but called him at the last mintues to cancel their hearing as they decided to pay them becasue the credit bureau's told them that they would lose and would have to pay triple damages and that they could go to jail......

I would tell your wife that it needs to get done and get done Now

that there are laws and they are breaking the laws... Plain and simple if a police office see s your doing something wrong he will arrest you he doesnot say well he/she is bigger then me and will win..

I hope i donot sound rude...

[Wyndo]

This guy's statement that the information I requested was sent out in September is a flat-out lie. It seems far too big a coincidence that the one time I didn't receive something from them (never had a problem before) just happens to be the one time they told me they *weren't* going to send that information to me. Now they're claiming they did send it. Ha!

I've been trying to call the courthouse to find out how I get started, how much the filing fee costs, and so forth. Unfotunately, I've had no luck contacting anybody at the courthouse, and I can't afford to take off work and go down there if I don't have everything I'm going to need to get started. Hopefully today I'll get these questions answered, and may be able to proceed this week or next.

I'm still very interested in other stories about lawsuits for the same thing. I really think that a class action suit would be the way to go, but wouldn't have any idea even where to begin on helping form something like this.

[admin]

A class action suit would work, but why not ALSO file a personal suit? Class actions take years, and if you go to small claims, you can get results fast.

[calawyer]

You are going to be very sorry that you requested info on KS small claims court. I called a buddy of mine who practices in KC and he gave me the following:

http://www.ink.org/public/ksag/contents/consumer/smlclm.htm

http://www.nolo.com/lawcenter/state/small_claims.cfm/stateCode/KS

http://www.kscourts.org/dstcts/4claims.htm

http://www.ksbar.org/public02/public_resources/public_info_pamphlets/small_claims_court.shtml

Happy reading!

[Swede]

Oh Calaywer, can you do FL too, please ???

[calawyer]

Coming right up:

http://www.nolo.com/lawcenter/state/small_claims.cfm/stateCode/FL

http://fllawonweb.com/SmallClaims.htm

http://circuit8.org/sc/

http://www.co.miami-dade.fl.us/clerk/SmallClaims.htm

Now, for the rest of you out there, I don't think I have any lawyer friends left, so I suggest you start with this link which seems to have info on small claims courts throughout the country:

http://www.nolo.com/lawcenter/statute/small_claims.cfm

[life]

oh calawyer can u do pa also

[Swede]

<blockquote>Originally posted by calawyer

Coming right up:

http://www.nolo.com/lawcenter/state/small_claims.cfm/stateCode/FL

http://fllawonweb.com/SmallClaims.htm

http://circuit8.org/sc/

http://www.co.miami-dade.fl.us/clerk/SmallClaims.htm

Now, for the rest of you out there, I don't think I have any lawyer friends left, so I suggest you start with this link which seems to have info on small claims courts throughout the country:

http://www.nolo.com/lawcenter/statute/small_claims.cfm

</blockquote>

You are the best! Thank you. Perhaps I can give you a lapdance as well... jk

[Edit by Swede on Friday, 15, 2002 @ 01:21 PM]

[Wyndo]

Thanks! I'm checking it over now.

[Wyndo]

I was finally able talk to somebody at the courthouse. The filing fee here is $51, but fortunately it includes having the papers served. Now I need to write up exactly what has happened (even just so I'm clear on the facts and timeline myself), and I'm going to see if they'll deliver a letter with it, offering one last chance to avoid going to court. I'm planning to do this next week when I get a chance to take off work.