The "script"

In my new-found hobby of legal research, I was reviewing some of the Consumer Credit cases that have recently been brought before the U.S. District Court in the State of Washington. There were about 15-20 in the past 10 years and, becuase you have to pay to see the contents, I only looked at about 5 of them in a random sampling. In them, they all seemed to follow the same pattern:

- Plaintiff files complaint alleging the usual FCRA problems
- Defendant answers, denying everything alleged by the plaintiff
- Case is dismissed (after motion for dismissal is filed).

My search wasn't exhaustive, but I didn't find any that had gone to trial. My guess is that for the average credit report error that doesn't happen often. Also, there's clearly more going on here, but except for the names, the forms were practically carbon copies. Unfortunately, because none of them were decided by a judge, there's no way to see how the matters were resolved.

Another thing that struck me was the schedule. The whole process from complaint to dismissal took anywhere from 4 months to as much as 12 months. So, you really need to be in it for the long haul (that and it costs $350 to file the complaint in Federal court).

Also, all the law-suits I looked up were filed by the same attorney, http://www.myfaircredit.com (this is not an endorsement, just an observation gleaned from public records). However, since all the forms and procedures were identical in almost every case, it doesn't look that hard if you're willing to read-up on a little procedure (note that's "little" in the "legal research" sense of the word).

 

Also, in reading the answers to the complaint, the credit bureau's response to each allegation (except who they were and where they were based) was a general denial:

In response to Paragraph 9 of the Complaint, Experian does not have knowledge or information sufficient to form a belief as to the truth of these allegations and, on that basis, denies, generally and specifically, each and every averment contained therein.

new word for me: averment: assertion, a declaration that is made emphatically (as if no supporting evidence were necessary)


And the list of defenses.... (in case you want to copy some down for your own use). They list no less than twelve!!! (12):

AFFIRMATIVE DEFENSES
FIRST DEFENSE
(Failure to State a Claim)
The Complaint herein, and each cause of action thereof, fails to set forth facts sufficient to state a claim upon which relief may be granted against Experian and further fails to state facts sufficient to entitle Plaintiff to the relief sought, or any other relief whatsoever from Experian.

SECOND DEFENSE
(Immunity)
Plaintiffâ??s claims against Experian are barred by the qualified immunity of 15 U.S.C. § 1681h(e).

THIRD DEFENSE
(Truth/Accuracy of Information)
Plaintiffâ??s claims against Experian are barred because all information Experian communicated to any third person regarding Plaintiffs was true.

FOURTH DEFENSE
(Indemnification)
Experian is informed and believes and thereon alleges that any purported damages allegedly suffered by Plaintiff are the result of the acts or omissions of third persons over whom Experian had neither control nor responsibility.

FIFTH DEFENSE
(Failure to Mitigate Damages)
Plaintiff has failed to mitigate his damages.

SIXTH DEFENSE
(Laches)
The Complaint and each claim for relief therein is barred by laches.

SEVENTH DEFENSE
(Contributory/Comparative Fault)
Experian is informed and believes and thereon alleges that any alleged damages sustained by Plaintiff were, at least in part, caused by the actions of Plaintiff and/or third parties and resulted from Plaintiffâ??s or third parties' own negligence which equaled or exceeded any alleged negligence or wrongdoing by Experian.

EIGHTH DEFENSE
(Estoppel)
Any damages which Plaintiff may have suffered, which Experian continues to deny, were the direct and proximate result of the conduct of Plaintiff. Therefore, Plaintiff is estopped and barred from recovery of any damages.

NINTH DEFENSE
(Statute of Limitations)
Experian is informed and believes and thereon alleges that all claims for relief in the Complaint herein are barred by the statute of limitations.

TENTH DEFENSE
(Improper Request for Punitive Damages)
Plaintiffâ??s Complaint does not allege facts sufficient to rise to the level of conduct required to recover punitive damages, and thus all requests for punitive damages are improper.

ELEVENTH DEFENSE
(Unclean Hands)
The Complaint, and each claim for relief therein that seeks equitable relief, is barred by the doctrine of unclean hands.

TWELFTH DEFENSE
(Independent Intervening Cause)
Experian alleges upon information and belief that if Plaintiff sustained any of the injuries alleged in the Complaint, there was an intervening, superseding cause and/or causes leading to such alleged injuries and, as such, any action on the part of Experian was not a proximate cause of the alleged injuries.

I had to look this one up too:

unclean hands
n. a legal doctrine which is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit. Thus, if a defendant can show the plaintiff had "unclean hands," the plaintiff's complaint will be dismissed or the plaintiff will be denied judgment. Unclean hands is a common "affirmative defense" pleaded by defendants and must be proved by the defendant.

 

Apparently, you really DO have to take 'em to court (apologies if this is old news to the group):

Consumer Lawsuits Against Credit Bureaus Are Multiplying
http://www.law.com/jsp/article.jsp?id=1155648410038

 

I agree. That makes total sense.

Being new to this, I'm still just a little amazed at the amount of paper that can go flying back and forth in these cases.