Ruling against Equifax

Discussion in 'Credit Talk' started by deniserich, Aug 17, 2001.

  1. deniserich

    deniserich Banned

    Those of you that have been following my case know it has been a long haul. Finally after many months waiting for the Judge's decision regarding Equifax's motion for summary Judgement in which they requested the case be dismissed based on the fact that they contend they have "reasonable procedures" in place as the FCRA mandates, and their assertions that I did not incur "damages" the Judge has made his 19 page ruling.

    He ruled that it did in fact appear that they do not have reasonable procedures in place and further that the FCRA does in fact allow for damages for emotional distress and humiliation "even in the absence of out-of pocket expenses". We are hoping for a trial date to be set very soon. I would like to hear from anyone having difficulties with equifax verifying their disputes and not correcting inaccurate information.

    Feel free to email me at with your details. Perhaps if there are enough of you as my email I receive indicates, I may be able to amend the complaint for a possible class action case. I am not sure about that but at the least if we can show in numbers the amount of us abused by their negligence, we can help each other through raising awareness in Federal Court.
  2. Squawk1200

    Squawk1200 Well-Known Member

    Denise --

    Congratulations, that's great news!! Can you tell us what district your case is in and what the docket number is? I would love to take a look at that opinion -- I keep a research file of useful FDCPA & FCRA opinions.

  3. marci

    marci Well-Known Member


    Great going - and good for the judge. I've been rooting for you for a while. I do have a past issue with Equifax re them verifying inaccurate information. Though they eventually deleted it, I have proof that they did not follow FCRA procedure.

    I'll think it over to see whether it will actually help your case.
  4. deniserich

    deniserich Banned

    Thanks Marci and Squawk....The case is filed in US District of Massachusetts...the Docket number is
    99-30094-FHF and his decision ruled on the Summary Judgement is dated August 10,2001. Thanks for all your support.
  5. Reshod

    Reshod Well-Known Member

    Great Job...Way to Hang in there!!!!!

    We are all Watching and Cheering!!!!
  6. Mist

    Mist Well-Known Member

    This is great news, I can't wait to read the ruling. I've read about your trials and tribulations and admire you for never giving up. Way to go!!!!
  7. Squawk1200

    Squawk1200 Well-Known Member

    Denise --

    Just read the decision -- absolutely fabulous. The Court's rejection of the argument that CRAs can simply rely on creditors after being placed on notice of dispute is very, very important stuff. I'm sure you're a bit disappointed about the punitives, but this is a very positive decision.

    On a Senior Judge's docket, I'll bet you get a trial date pretty soon. I'll also bet that you get a settlement offer in the $50k range, so long as you had decent deposition testimony regarding your damages.

    Good luck in the rest of the case!!!!
  8. Crdt Dfnse

    Crdt Dfnse Well-Known Member

    I just tried to read the ruling myself (congrats, Denise!), but couldnâ??t find it on Lexis-Nexis. Could you point me in the right direction, where you obtained text of the ruling?

    Thanks in advance!
  9. Marie

    Marie Well-Known Member

    Yes, Contrats!!!!!

    I'd also love to read the actual complaint and then the ruling...

    Point me to where... please :)
  10. akg

    akg Well-Known Member


    That's great news. I work about three blocks from the Equifax headquarters here in Atlanta. I'll look for their flag flying at half-mast when I drive by.
  11. breeze

    breeze Well-Known Member

    Congratulations Denise! You certainly deserve it.

    Is the ruling available to the public? I'd love to read it.

  12. MartysGirl

    MartysGirl Well-Known Member

    Great Job Denise....!!!!

    You are an inspiration to us all...!!!!!!!!

    Keep us posted PLEASE...!!!!!

  13. deniserich

    deniserich Banned

    Yes, the ruling is public information it just came out and it is in the Federal Court, Springfield District of MA, (there are two Districts in MA, western & Eastern) Springfield, MA is in the Western District. I'm not sure how to get to it on line yet though.

    I am so very appreciative of all your support. Many times when I have been down, it's your letters and posts that gave me the determination to keep going. Seeing the magnitude of their errors, and how many innocent consumers have been victimized by inaccurate, defamatory credit reporting makes me passionate about making something good come out of something that has been so horrible in my life and help to stop it from happening to others.

    Thanks again for your kind words of support, it really has made a huge impact in my life giving me the determination to hang in there!!!!!!

  14. Marie

    Marie Well-Known Member

    You've really been an inspiration to us :)

    We appreciate all that you're doing. Your case helps pave the way for us all.

    Thank you.
  15. amaineman

    amaineman Well-Known Member

    If it goes to trail, choose a judge not a jury. Juries these days can be very uneducated and sometimes a winning verdict can be extremely small.

    Score one for New England : )
  16. Marie

    Marie Well-Known Member

    Interesting. I always thought juries could be emotionally swayed and that they awarded much higher punitive damages... Huh.

    I would think that most people have had or have heard of bad experiences with some bureau... and that animosity towards the bureaus might help a plaintiff.
  17. amaineman

    amaineman Well-Known Member

    To someone working part time at min. wage a large award might not cover the lawyers time. I have seen it happen.

    A Judge will not go as high but has a firm grasp upon fairness, and may also want to send a message.
  18. Marie

    Marie Well-Known Member

    anyone know how to get a copy of the complaint as well as the judge's ruling?
  19. breeze

    breeze Well-Known Member

    Nothing available yet that I can see, unless you subscribe to a service. I searched and searched.

  20. Saar

    Saar Banned


    You are now officially our hero!

    Give them hell!!! :)


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