Jump to content

Sign in to follow this  
JessicaRabbit88

Anyone want to prove Experian WRONG?

Recommended Posts

AMEN to ihatearizona....

 

and YEAH!!! To Jessica...

 

 

I'd be sorely tempted to settle...but I'd put one other thing in the settlement...that they start investigating INQs *grin*...but then again, that's STILL not case law...

Share this post


Link to post
Share on other sites

Just so you know what dealing with Experian is like:

 

 

Dear Jessica:

 

      The link that you sent me is no longer active, but I was able to find

the docket summary for the case number you provided on the City of XXX website.  Presumably, you are citing to XXXX v.

Experian Information Solutions, Inc. (Case No. XXXX) in support of your

position that Experian is liable for  its "refusal to investigate

inquiries."  The information I was able to access on the court's website,

however, does not include any written opinion or order discussing the

merits of the case.  Indeed, the website simply lists a judgment against

Experian, which, standing by itself, cannot support your position.  If you

have the Court's written opinion on this case, please send it to me for my

review.

 

Taken as an offer of proof, that the case referenced is a small claims court case

 

      While you may feel that the XXXX case is determinative here, I

feel obliged to advise you that it is not.  A small claims decision in the

XXXX Municipal Court will not be given much weight, if any, by the United

States District Court of XXX.  Where a federal statute, like the FCRA, is

at issue, the only binding precedent on a federal district court are

decisions by the United States Supreme Court and the Tenth Circuit Court of

Appeals.  Other federal court decisions are often consider persuasive, but

State court decisions construing federal law are given little respect.  A

small claims court decision, where there are no attorneys or written

briefs, is not persuasive and is an unreliable guide for how the FCRA will

be interpreted by a federal court.

 

In my motion for summary judgment motions, case law is considered to be appellate court decisions.  Using a regular trial court and in particular small claims court decision for case law argument in federal court is unreliable.

 

 

      In regards to your latest settlement offer, the plaintiff in the

XXXX matter received a total of $XXXX.  Experian is currently

offering almost twice that amount.  Considering the merits of your case and

your own case law, Experian's settlement offer is fair.

 

  Not in a position to judge the merits of the offer, what you need is case law perhaps not so much for failure to investigate inquiries where there may be none, but failure to investigate by itself

 

      While weighing Experian's settlement offer, I recommend that you

consider the future demands on your time and finances if you choose to go

forward with your lawsuit. 

 

More likely a time than monetary issue

 

If you do not settle, your deposition will be

taken and will last at least one full day. 

 

A deposition is standard

 

Additionally, Experian intends

to take three to four other depositions to test the merits of your claims

and damages. 

 

  If experian intends to do a vigourous defense that may be plausible.

 

 

 

For example, Experian will depose XXXXX, your present

supervisor, so that Experian may explore your claim for lost profits and

whether your last four years of employment as an XXXX. 

 

If your complaint alleges lost profits and/or wages then your income sources are fair game in discovery.

 

Furthermore,

if you want to depose Experian's designated witnesses, you will have to pay

for a court reporter and fly to Dallas, Texas and Irvine, California

because Experian's witnesses cannot be compelled to come to Utah.  Fed. R.

45©(3)(A)(ii). 

 

Taken as an offer of proof, but you might want to read the quoted Federal Regulation

 

 

Experian also plans to move for summary judgment, which

is a complex and costly motion to oppose, and will require you to draft an

opposition brief and argue before the federal district judge. 

 

If Experian feels they have sufficent grounds for a motion for summary judgment then you might consider asking Experian NOW for the case law that it is planning on using.  Be aware, that Experian does not have to provide the case law prior to filing the motion and this would be a courtesy on Experian's part as it would be disclosing work product.

 

 

If Experian

prevails on its motion for summary judgment, your lawsuit will not only be

dismissed with prejudice, but you will also be responsible for Experian's

costs incurred in bringing its motion. 

 

Probably true, but winning a motion for summary judgment is not a sure thing.

 

 

 

I understand that it is difficult

to objectively value your own lawsuit, but I encourage you to accept

Experian's offer.

 

The above in general is good advice.  Ask a trusted friend or

attorney to look at the case.

 

 

Very truly yours,

 

XXXX

Share this post


Link to post
Share on other sites

What a bunch of marigolds! They know they have all the money in the world to fight and that the consumers means are limited and they take advantage of that by trying to intimidate you with their bigtime lawyers and such. :aggressive:

Share this post


Link to post
Share on other sites

Jessica,

Had you already submitted a settlement offer to EX?, if so, will you still be settling or going to court...I pray the latter, so as others have said, case law is produced...

 

Whatever you decide...good luck!!!

Share this post


Link to post
Share on other sites

You should be lucky they even offered a settlement. They flew in to mediation and would not delete inquiries or do the investigation even when I said I would drop all monetary damages. When they flew back for the trial I offered again and they refused again. They lost but it was just small claims. I assumed you used my case file but if you want the actual written judgment you would need to order it because my attorney has my copy.

Share this post


Link to post
Share on other sites

I will give that bottom feeder credit, he has an excellent grasp of the english language. Kinda refreshing knowing that someone has the ability to communicate with eloquence nowdays. Not to cheer him on, just making an observation. I work in the hood, what can I say? Stick it in deep Jessica...

Edited by texmedic

Share this post


Link to post
Share on other sites

Jessica,

If this guys' threatening you in this fashion (and eloquent as he tries to make it sound, it's nothing but a strongarm), then you really much have them by the short ones.

 

Sounds to me like they'd do damn near anything to keep from having caselaw set on this because it will cost them sooooo much time and money to actually investigate inquiries...

Share this post


Link to post
Share on other sites
Jessica,

If this guys' threatening you in this fashion (and eloquent as he tries to make it sound, it's nothing but a strongarm), then you really much have them by the short ones.

 

AU COUNTRAIRE!! Assuming that the lawyer plans to take the course of action in the event the case does not settle, then the letter is reasonable.  When someone requested that I as a defendant settle the case, I told opposing consul that I was planning to file a motion to strike the lawsuit which later occurred.

 

Sounds to me like they'd do damn near anything to keep from having caselaw set on this because it will cost them sooooo much time and money to actually investigate inquiries...

 

You probably are correct.  Unfortunately, Experian may be willing to send this out to appellate court assuming it loses at trial court to avoid the hassle of investigating inquiries.

 

Share this post


Link to post
Share on other sites

Jessica,

 

I know you're going to be going to (or are going to right now) law school, but in this case, I'd go for the settlement.

 

I haven't seen such a case, but then again I wasn't looking for that kind specifically. It's entirely possible that using PACER to rummage through the various district courts might dig something up, though. Still, that'd be expensive and time-consuming.

Share this post


Link to post
Share on other sites
Jessica,

If this guys' threatening you in this fashion (and eloquent as he tries to make it sound, it's nothing but a strongarm), then you really much have them by the short ones.

 

AU COUNTRAIRE!! Assuming that the lawyer plans to take the course of action in the event the case does not settle, then the letter is reasonable.  When someone requested that I as a defendant settle the case, I told opposing consul that I was planning to file a motion to strike the lawsuit which later occurred.

 

Sounds to me like they'd do damn near anything to keep from having caselaw set on this because it will cost them sooooo much time and money to actually investigate inquiries...

 

You probably are correct.  Unfortunately, Experian may be willing to send this out to appellate court assuming it loses at trial court to avoid the hassle of investigating inquiries.

 

 

I wasn't telling her to run it to the Supreme Court or anything, just that I thought her chances were quite good. Hell, if it were me, I'd take the settlement too, just like I did when I taught Equifax that "Currently 120 days past due" is not the same as "Was 120 days past due 5 years ago." I took my settlement and ran. Jess is entitled to do the same, but it is entirely up to her.

Share this post


Link to post
Share on other sites

Lost in all this seems to be the FTC again knowing about this type of violation with a blind eye. I am sure, using the power of the Freedom of Information Act, you will find there are thousands of complaints on record regarding Experian's refusal to investigate, and more than just inquiries.

 

Not expecting much, I requested any documents regarding a specific collection agency, and one day by mail inherited a mountain of documented complaints against them that the FTC received over the past several years.

Share this post


Link to post
Share on other sites
Lost in all this seems to be the FTC again knowing about this type of violation with a blind eye. I am sure, using the power of the Freedom of Information Act, you will find there are thousands of complaints on record regarding Experian's refusal to investigate, and more than just inquiries.

 

Not expecting much, I requested any documents regarding a specific collection agency, and one day by mail inherited a mountain of documented complaints against them that the FTC received over the past several years.

Could be more reason why Jess may want to see this out until the end. The law is only as good as the enforcement, unless somebody holds them to it, they can ignore it all they like...

Share this post


Link to post
Share on other sites
Great idea about requesting the FTC's complaints! Just how much does requesting something like this cost?

 

The FTC is funny. When they send you the docs they include the bill, without prior warning! I can't see it being that much though, they charge based on the number of documents found. Mine, about 500 pages, cost ~$40.

They exlcude the names of the complaining party.

Share this post


Link to post
Share on other sites

Well we met in the middle, and so they upped their offer and I lowered mine slightly - but the case is now settled.

 

Sorry to disappoint those that were looking for this to set new case law, I just have WAY to much on my plate right now.

 

Jessica

Share this post


Link to post
Share on other sites

Jess,

Congrats on a successful suit. Even if no new case law established, you did take up a great deal of their time and (hopefully) a nice chunk of their change as well!

Share this post


Link to post
Share on other sites

Congrats on your victory, Jess. As always, you rock!

 

Did they agree to investigate/remove the inquiries, or was it strictly a monetary settlement?

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  




  • Today's Birthdays

    1. trent101
      trent101
      Age: 52
    2. Brog
      Brog
      Age: 57
    3. BrentN
      BrentN
      Age: 49
  • Member Statistics

    • Total Members
      177,987
    • Most Online
      2,046

    Newest Member
    BaxterStJ
    Joined

About Us

Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.
×
×
  • Create New...

Important Information

Guidelines