Anderson v. Trans Union

405 F. Supp. 2d 977, 2005 U.S. Dist. LEXIS 33042, 2005 WL 3358689
CourtDistrict Court, W.D. Wisconsin
DecidedDecember 9, 2005
Docket05-C-91-C
StatusPublished

This text of 405 F. Supp. 2d 977 (Anderson v. Trans Union) is published on Counsel Stack Legal Research, covering District Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Trans Union, 405 F. Supp. 2d 977, 2005 U.S. Dist. LEXIS 33042, 2005 WL 3358689 (W.D. Wis. 2005).

Opinion

OPINION AND ORDER

CRABB, Chief Judge.

This is a civil action for monetary relief in which plaintiff Edward C. Anderson contends that defendant Trans Union violated the Fair Credit Reporting Act, 15 U.S.C. § 1681e(b), when it failed to timely investigate disputed information contained in his consumer credit report as required by 15 U.S.C. § 1681i(a). Jurisdiction is present under 28 U.S.C. § 1331.

Before the court are defendant’s motion for summary judgment and defendant’s motion to strike plaintiffs response brief. I will deny defendant’s motion to strike because defendant was not prejudiced when plaintiff filed his responsive brief three days late. However, because plaintiff has failed to provide any evidence from which a reasonable jury could infer that defendant violated the Act and caused plaintiff injury, I will grant defendant’s motion for summary judgment.

From the parties’ proposed findings, I find the following facts to be material and undisputed.

UNDISPUTED FACTS

Plaintiff Edward C. Anderson is a resident of Verona, Wisconsin. Defendant Trans Union is a consumer reporting agency that prepares consumer credit reports. Defendant regularly receives information from various sources around the country, including banks, credit unions, automobile dealers, student loan providers and others. These sources of individual credit information are known as “furnish-ers.”

Defendant collects information from over 85,000 furnishers relating to more than 200,000,000 consumers. Some of these consumers have the same name and address and similar, though never identical, social security numbers. Whenever possible, defendant attempts to maintain accuracy in the reports it generates by using social security numbers as its primary method of sorting data.

Days or weeks prior to March 4, 2004, plaintiff spoke to a salesman about purchasing a truck. At that time, he learned that his consumer credit report listed as unsatisfied seven civil judgments that had been discharged by his 2002 bankruptcy. The judgments were in favor of Ronald Pagel (2), Jack D. Palmer, ABC Supply Company, Ritter Insurance Agency and AAA Seamless Gutters. Approximately one month later, after plaintiff provided the truck salesman with documents showing that the civil judgments had been discharged in bankruptcy, he was offered a 16.5% interest rate on a vehicle loan. Plaintiff could not afford the financing.

Some time during March 2004, plaintiff called Trans Union. When a consumer calls Trans Union for the first time, the communication generates a number unique to the consumer. Plaintiffs call was assigned the number 125308762. A report generated from the phone call included plaintiffs correct social security number. On March 5, 2004, plaintiff called defendant and spoke with “priority processing representative” Shameek Williams.

On March 19, 2004, defendant received correspondence from plaintiffs attorney, J. David Krekeler, dated March 15, 2004, asserting that the two civil judgments in favor of Ronald Pagel had been discharged. The letter included file-stamped copies of court orders of satisfaction. Because a lawyer had sent the letter, defendant designated the matter as “escalated” and referred it to Williams. Although Krekeler’s March 15 letter contained an incorrect social security number for plaintiff, Williams was able to locate plaintiffs *980 credit information in defendant’s files. She did not need to contact any outside party before correcting plaintiffs credit report because Krekeler had provided authenticated documentation of the discharged judgments. Therefore, Williams updated plaintiffs credit record to reflect that both of the Pagel judgments had been discharged in February 2004.

On March 24, 2004, Williams sent plaintiff an updated credit report. Williams included a letter stating that the requested updates had been made, informing plaintiff of his right to add a short statement to his credit report and providing notice of how to request information about defendant’s investigation process.

On March 29, 2004, defendant received a second letter from Krekeler, dated March 22, 2004. This letter was processed by priority processing representative Amanda Bompadre. Bompadre had joined defendant’s priority processing group on February 21, 2004 and at that time had been trained to handle escalated disputes. In the March 22 letter, Krekeler asserted that five additional civil judgment entries shown on plaintiffs credit report had been satisfied (ABC Supply Company, AAA Seamless Gutters, Ritter Insurance Agency, Jack D. Palmer and American Express) and that three private credit accounts showing an outstanding balance had been satisfied (MBNA, Elan Financial Services and Madison Gas & Electric). (In fact, the Madison Gas & Electric account was a business account that had not been discharged in bankruptcy. Plaintiff does not know why the- letter asserted that the account was included in his bankruptcy.) The letter included file-stamped copies of court orders of satisfaction for each of the five disputed civil judgments. Again, however, Krekeler’s letter contained an incorrect social security number for plaintiff, differing by three digits from plaintiffs correct social security number.

Defendant’s consumer record information system can sort consumer credit reports by name, current address, social security number and date of birth. Before defendant will consider a credit record to “match” a consumer, the consumer’s name and address must be provided. In addition, other data must not conflict with the name and address provided. To be considered a match, a social security number must match at least 8 of 9 digits listed in the consumer credit report. If no social security number is provided, defendant may be able to “match” a consumer to his credit report if enough additional information has been provided. However, defendant will not “match” a report to a consumer when the information provided by a consumer generates multiple non-identical credit reports. When consumer information generates multiple non-identical credit reports, defendant sends the consumer a verification letter, seeking additional information.

When defendant receives a letter from a lawyer that provides a correct first name, last name and middle initial, but an incorrect social security number for a consumer, its policy is to try to identify the proper consumer. If it is unable to do so, defendant sends a verification letter to the lawyer.

In order to verify the allegations contained in Krekeler’s March 22 letter, defendant needed to contact third party vendors. Because this would require defendant to transfer plaintiffs confidential credit information to these vendors, defendant decided to request verification from Krekeler of plaintiffs correct social security number before proceeding with the corrections Krekeler requested. Therefore, on April 2, 2004, three days after receiving Krekeler’s March 22 letter, Bompadre replied to Krekeler, asking him to verify plaintiffs social security *981

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405 F. Supp. 2d 977, 2005 U.S. Dist. LEXIS 33042, 2005 WL 3358689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-trans-union-wiwd-2005.