Another interesting lawsuit

bbauer · Aug 23, 2001

I am making no personal comments of my own here, just reporting what was sent to me in an email.

Denise Richardson: Equal Justice & Consumer Protection....where?

We need FCRA changes if we are ever to get the consumer protection that was
intended through the creation and amendments of the FCRA. My case against the
the remaining Defendant, in Richardson v. Fleet et al, Equifax received a Summary
Judgment ruling in which it ruled we could move forward to a trier of fact in part.
Equifaxâ??s motion was denied with regard to claims that Equifax breached its duties
to maintain reasonable procedures and to reinvestigate under the FCRA. However,
their motion for summary judgment was granted with regard to claims for (1)
willful violations of the FCRA and MCCRA; 2) violation of Chapter 93A (MA law) for
unfair and deceptive practices allowing treble damages, 3) defamation and 4)
intentional infliction of emotional distress.

If we as consumers canâ??t hold them responsible through punitive damages what
will force them to put reasonable procedures in place? Case in point.... If through
my case in which they were notified on numerous occasions they were in fact
reporting false, defamatory information and through this suit (and others) they
are aware their procedures are apparently not working, why are they not
changing their procedures?

Any other corporation who was notified by a governmental agency (for not
properly verifying disputes, see Consent Order in which the FTC ordered Equifax
to take the consumerâ??s version unless they have reason to believe the
documents presented are not authentic) that they were harming consumers and
their â??productâ? was unacceptable, would be forced to make changes and monitor
their behavior. If in fact they did this there wouldnâ??t be the additional lawsuits for
the exact same reasons.
Click to expand...

continued in next post due to length

bbauer · Aug 23, 2001

Originally posted by bbauer
I am making no personal comments of my own here, just reporting what was sent to me in an email.

continued in next post due to length
Click to expand...

In fact, after the FTCâ??s Order of 1995, my lawsuit wouldnâ??t have had to take
place, nor would all the disputes, had the FTC followed through with informing
them of their breach of the Consent Order in which it calls for a possible fine of
$11,000 per time they violate. Why are they not acting? Why are we consumers
forced into courts all over the country relying on a law created to protect us filled
with loopholes for them to escape accountability.

As long as they continue to get a slap on the hand and we are prohibited to ask a
jury for punitive damages there will be no end to their reckless disregard for our
rights to accurate credit reporting. Who is out there and what law do we have to
protect us to deter them from consistently continuing their gross negligence. No
other company would be afforded such a luxury to do as they please knowing it is
near impossible to get punitive damages and knowing the FTC and Attorney
Generalâ??s Office looks the other way when they are in violation of the laws and
orders of Governmental agencies.

The FTC says they will act when they see a pattern of abuse. The shear number
of complaints and lawsuits against them would appear to a reasonable person to
be a pattern of abuse to any other entity, why not them. I strongly believe the
FCRA needs amending, once again. Yes, the FCRA allows for emotional distress
and humiliation as damages. But, â??theyâ? believe they have the right to quantify
the damages and they continue to minimize just what those damages are.
Click to expand...

deniserich · Aug 24, 2001

The Editorial Bbauer posted can be read in its entirety and forwarded to your Congressional Reps. at
http://www.bayhouse.com/credit-forum/announcement.php?forumid=13

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