Experian, Equifax, Transunion sued in small claims

[REDCLOUD]

Before I ran into this website, I have sued and defeated all three credit reporting agencies separately in small claims court and had extensive information deleted from my credit report. I was surprised when they actually had someone appear in court anxious to settle. In all three cases their representative was very helpful and the incorrect data was removed within days. In the case of Experian there were 27 items removed, with Equifax, 14 itemss, and with Transunion there were 15 items deleted. Small claims is cheap and fast and I always attached a subpeona to produce not only my agreement with the credit grantor but also THEIR agreement with the credit grantor. I did get their agreements but never mine.

I have also successfully used this technique to sue credit Grantors to have in correct data removed.

I am preparing a suit against the "Big 3" asking the court to recognize my "adhesion contract" with each of them and to then either terminate the contract or rewrite it on mutually acceptable terms. There mere fact that they maintain data files on 300,000,000 individuals cetainly "shocks the conscience". The FACRA of 2003 authorized the FTC to experiment with "biometrics" and several airports have already experimented with systems. The FAA is now issueing frequent flyer cards with biometrics and the credit card companies are experimenting with similar technology. The national drivers license law signed in 2005 (identity card) is headed the same way. it won't be long before all these systems merge. I intend to modify my agreement before it is mandated by law. I recommend as many people as possible do the same.

I'm not putin my eyeball in no machine to buy milk or go see Grandma.

[charlesa6]

REDCLOUD,welcome to the forum.

[idknow]

Originally Posted by REDCLOUD

Before I ran into this website, I have sued and defeated all three credit reporting agencies separately in small claims court and had extensive information deleted from my credit report. I was surprised when they actually had someone appear in court anxious to settle. In all three cases their representative was very helpful and the incorrect data was removed within days. In the case of Experian there were 27 items removed, with Equifax, 14 itemss, and with Transunion there were 15 items deleted. Small claims is cheap and fast and I always attached a subpeona to produce not only my agreement with the credit grantor but also THEIR agreement with the credit grantor. I did get their agreements but never mine.

I have also successfully used this technique to sue credit Grantors to have in correct data removed.

I am preparing a suit against the "Big 3" asking the court to recognize my "adhesion contract" with each of them and to then either terminate the contract or rewrite it on mutually acceptable terms. There mere fact that they maintain data files on 300,000,000 individuals cetainly "shocks the conscience". The FACRA of 2003 authorized the FTC to experiment with "biometrics" and several airports have already experimented with systems. The FAA is now issueing frequent flyer cards with biometrics and the credit card companies are experimenting with similar technology. The national drivers license law signed in 2005 (identity card) is headed the same way. it won't be long before all these systems merge. I intend to modify my agreement before it is mandated by law. I recommend as many people as possible do the same.

I'm not putin my eyeball in no machine to buy milk or go see Grandma.

That is absolutely stunning to conscience, RedCloud, stunning.

Congrats on your wins, feed us details please?

who, how, why, when, where? not in that order.

[Judge Roy Bean]

Originally Posted by REDCLOUD

Before I ran into this website, I have sued and defeated all three credit reporting agencies separately in small claims court and had extensive information deleted from my credit report. I was surprised when they actually had someone appear in court anxious to settle. In all three cases their representative was very helpful and the incorrect data was removed within days. In the case of Experian there were 27 items removed, with Equifax, 14 itemss, and with Transunion there were 15 items deleted. Small claims is cheap and fast and I always attached a subpeona to produce not only my agreement with the credit grantor but also THEIR agreement with the credit grantor. I did get their agreements but never mine.

I have also successfully used this technique to sue credit Grantors to have in correct data removed.

Small claims is an excellent tool available to everyone, and depending on where you live and the amount(s) involved, you may find it breathtakingly fast if and when they don't show up and mount a defense.

Originally Posted by REDCLOUD

I am preparing a suit against the "Big 3" asking the court to recognize my "adhesion contract" with each of them and to then either terminate the contract or rewrite it on mutually acceptable terms.

You won't have much success trying to enforce such a contract. We aren't their customers and there is no contractual relationship between them and the people they have information about. In fact, the information they have is their property.

Originally Posted by REDCLOUD

There mere fact that they maintain data files on 300,000,000 individuals cetainly "shocks the conscience".

That's not the half of it. You left out the dozens of other CRA-like data miners and mongers that operate without real oversight.

Originally Posted by REDCLOUD

The FACRA of 2003 authorized the FTC to experiment with "biometrics" and several airports have already experimented with systems. The FAA is now issueing frequent flyer cards with biometrics and the credit card companies are experimenting with similar technology.

Almost. Don't confuse the credit-card issuer's evaluation of ID-theft protection technology with the TSA's smart-card biometrics for frequent travellers who are wasting hours and hours of their time going through the security lines. It's not mandatory and people who want to use it will have to not only pay for it, but have a fairly routine background check clear them before they get the card.

Originally Posted by REDCLOUD

The national drivers license law signed in 2005 (identity card) is headed the same way. it won't be long before all these systems merge. I intend to modify my agreement before it is mandated by law. I recommend as many people as possible do the same.

Again, your alleged contract won't have any force of law. The issue is, and will be, to do certain things you will have to have verifiable, legally recognized ID.

Originally Posted by REDCLOUD

I'm not putin my eyeball in no machine to buy milk or go see Grandma.

You won't have to. But if biometric technology continues to come down in price and efficiency, someone willing to give up their privacy won't have to carry a card (that can be stolen or lost) to buy milk and they won't have to wait in long lines to get into the terminal gate area of the airport.

[REDCLOUD]

Thanks for the observations.

My point about the use of biometrics was that its use is in a similar stage of development as credit reporting 35 years ago. I think the trend is to go to a fully biometrically and credit driven money and travel system. The technology exists now to do it. The Fed has already issued studies considering replacing Federal Reserve Notes with debit cards tied into such a system.

You might want to look at the following web site:
http://www.ftc.gov/opa/2003/11/fairbanks.htm.

I was caught in this morass and although I was never late, recieved an award from the FTC, Experian refused to remove the lates from my credit report. The judge in small claims disagreed and ordered 27 of them removed based on the FTC award. The Experian Rep initially refuse my subpeona to produce and I immediately filed a motion for contempt on the spot. The judge ordered the Rep to produce or spend the night in jail, she quickly produced. This was a lot of fun.

You are right about the volume of data and files. Each of the "big three" have about 300,000,000 files, Experian is bigger because it operates in Europe. on a larger scale.
Equifax is a public company and much interesting data is available about them at the SEC web site named EDGAR. Search the data base and look for Equifax, read the last form 10K or the annual proxy statement for the most data. Experian is owned by GUS PLC, a British company and they have a web site as well with their annual report and lots of interesting data about them

It is further instructive to visit the web sites of VISA International, Inc. and Mastercard. These are basically bookkeeping organizations for the various banks, etc. that issue the cards. However, this is bookkeeping on a scale unlike any ever concieved. Together, with the "Big three" they all process on the order of 2 billion transactions a day. This makes it a little easier to understand why your credit report is always wrong. They could care less about getting your data right. The money is rollin in like a tidal wave for them.

While I agree that I have no written contract with the CRA, I (along with 300,000,000 others) do have an implied contract (it is an adhesion contract). In fact, they now sell it to me on My Credit Report.com. If its really mine, how did I get it? I got it because I signed an agreement with a Debtor authorizing them to report data about me to them. But they now say its mine. (see their advertising) Because its mine, I expect to be able to control its use and be compensated for its use. I have researched the data files of several metro areas that now have court files and history online. I have been unable to find any cases filed like this. All the ones I could find dealt with FDCPA or debt collection. Most adhesion contracts are approved by the courts because they deal with governmental immunity or public saftey issues. These CRA's are just private businesses with no such need or immunity. I believe I have a case, as do my 300,000,000 co-victims.

I also believe the Clayton Antitrust Act addresses this situation head on. Credit reports are nothing more than a gigantic price fixing mechanism. The Clayton Act contains provisons where individuals can seek relief under its provisons.

If you know of cases I would like the cites.