Free Motion for Leave to File - District Court of Connecticut - Connecticut

Case 3:03-cv-00253-JBA

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Filed 05/07/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT WILLIAM SPECTOR v. EQUIFAX INFORMATION SERVICES, LLC CASE NO. 3:03CV 253 (JBA) (JGM) May 3, 2004

PLAINTIFF' MOTION FOR PERMISSION TO SUPPLEMENT HIS S REPLY IN SUPPORT OF SUMMARY JUDGMENT Plaintiff respectfully requests permission to submit the opinion of Experian'witness s that the harm resulting to a consumer when his file is taken off line is well understood in the credit reporting industry. Following is an excerpt from the deposition testimony of David Browne, longtime employee and expert witness for Experian, taken in Pace v. Experian Information Solutions, Inc., Civ. No. 2-03CV045 (E.D. Tex.) April 30, 2004: 117 5 Q Well, my question is this: Do you think it's a

6 better procedure to take that consumer off-line and prevent 7 access to that file? 8 A Well, I know it's tempting to make that -- draw

9 that conclusion. The trouble is, when you take somebody 10 off-line, you can pretty much guarantee that they're going 11 to get turned down for credit when they apply for credit. 121 21 Q Mr. Browne, I think when we left off we were

22 talking about the VIP database at Experian and the -- and

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23 the function of that database. 24 In connection with your work and considering

25 protections for identity theft victims, have you considered 122 1 a procedure for placing those victims in the VIP database or 2 in an off-line status? 3 A I'm always mindful of the fact that, if we do

4 that, we -- we can pretty much automatically assume that 5 they're going to get turned down for credit. If they -- if 6 the lender can't pull a credit report on them, it's -- they 7 usually -- now, if they talk about President Bush, they'll 8 probably wait until he -- until we get a credit report to 9 them, but for a -- for a David Browne, I -- I -- I don't 10 think the lender is going to wait too long. They're going 11 to give me a turn-down and that's it. 12 So I have thought about it, but one of the

13 -- one of the things that I focus on in all of the 14 recommendations that I make is to try to make life better 15 for consumers, and I don't think this is a case where I 16 could do that. 17 Q You feel like taking a consumer off-line would be

18 inconsistent with a consumer's betterment as an ID theft

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19 victim; right? 20 A That's my opinion, yes. ***** End of excerpt *****

In his Reply Memorandum, plaintiff asserted, " one can predict how the jury will No value plaintiff'frustration at having his legal right to a copy of his report repeatedly flouted." s In Brown v. Experian Inf. Solutions, Inc., Civ. No. 3:01CV1967 (D. Conn. Apr. 16, 2004) tried before Judge Chatigny, the jury returned a verdict of $50,000 where the only violation was refusal (twice) to give plaintiff his credit report. THE PLAINTIFF

BY______/s/ Joanne S. Faulkner_______ JOANNE S. FAULKNER ct04137 123 Avon Street New Haven, CT 06511-2422 (203) 772-0395 [email protected]

This is to certify that the foregoing and attached was mailed on May 3, 2004, postage prepaid, to: J. Anthony Love Kilpatrick Stockton 1100 Peachtree St #2800 Atlanta GA 30309-4530
___/s/ Joanne S. Faulkner_______ Joanne S. Faulkner

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