My atty. had called the atty. for credit data southwest yesterday. Today I got a call from their atty. at my office. By the time I got back to him, he was getting ready to leave, but said he'll call me tomorrow morning to see if we can work out a settlement. He said there is no point to going to court over this. I guess they didn't expect me to come back with an attorney after they had it moved to federal court. Oh well. I'll post the results tomorrow.
sounds super promising - they want you off their "to do list" b4 year end. cool - those attorneys can be worth their weight in gold. later -dog
I think we ought to go for at least 100,000 page views on that old thread before we give it up. (LOL)
really proud of you for sticking it out and nailing them Good for you ))))))))) It's great seeing the "good guy" win against the "bad guy".
by the way... I put this on the other thread but I think you should back up and try to get 1k for the chain of violations and atty fees their change of venue c&^p cost you more money. they tried to bully you and you didn't cave. do they really think you'll go back to your original position now of only deletions? that was a small claims offer. Big corporate bullies. If I were you I'd genuinely get your expenses back at the very least in addition to the legally required deletions. Had they simply done their jobs in the first place you wouldn't be at this point anyway. Push back a bit and see what their offer is now that they realize you will take this to court. Did they think all our lawsuits were just smoke and mirrors??? They're based on their FCRA violations etc and of course, we'll all follow though with the lawsuits if they're not resolved prior to the court date. I think they're starting a new technique to weed out the bluff from the real lawsuits. we need to push back a bit or they'll bully people out of their lawsuits in the future too. the deletions are guaranteed now. push a bit and see what's possible. you can always resolve with just deletions if you want to later. ok, I'm off my soapbox again, so happy for you for defending yourself.
Under normal circumstances, once you have an attorney representing you, it is unethical for the other attorney to call you directly. Talk to your attorney about this. It may give you a little edge in the negotiations.
Yes, but one thing that most seem to be unaware of. They have committed a fraud. Now then, this may sound far fetched, but when they bumped the case to higher court and then found out he was going all the way and came back with a settlement offer trying to keep out of the situation they created they then committed a fraud. If memory serves me correctly, doing that is called an extrinsic fraud, and the action of fraud is to attempt to deny the person his day in court. Criminal offense at both federal and state levels if the plaintiff wishes to pursue the matter. That's what the law says. It's their attorney making the offer and apparently an attorney is liable for unlimited damages plus criminal felony charges. Unlimited damages does not mean some ungodly gadzillions of dollars, however. It simply means the maximum that a jury would award. I'd say hang them out to dry on this one.
