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Hillis v. Equifax + Fair Isaac

Wednesday, May 02, 2007

5/2/07:  My Hillis v Fair Isaac + Equifax settlement objection, declaration and exhibits

I hate when I don’t even have time to proofread a printout of my filings, but what can I do? 

5/2/07: My objection, declaration in support of my objection and exhibits

I copied objector Helfand’s format and limited my objection to new and additional points.  It definitely made it much easier having something to work off.

Even if you’re not interested in legal stuff, I highly recommend that you read the part about Suze Orman’s horrible advice.  Orman and Fair Isaac effectively conspire to act on behalf of debt collectors instead of providing to customers the advice they promise.

Of course I expect the substance of my objection to be ignored like just about every other filing I submit to the courts.  That’s why I’ll send out a press release next week, after reviewing the other objections that will hopefully be filed.

I didn’t mention Equifax enough, but that’s of course because I don’t order any products at Equifax directly and I require that my clients also order at myFICO.com.

I also forgot to mention a few issues, but I just had to get it in the mail.  And I requested that the class counsel send me the entire file, everything that’s not posted online as per my request.  Don’t know whether I have a RIGHT to all documents, but it seems that as my attorney, they should have to give me everything. And maybe it’ll encourage them to post it all at a free website. 

I’m especially interested in the discovery, for $4,000,000 in attorneys fees there ought to be some interesting stuff. 

Update 5/13/07: attorney Helfand’s objection, the complaint and some filings

I’m not a lawyer, my objection is based on my credit expertise and common sense, attorney Helfand presented LEGAL arguments.

Monday, April 30, 2007

Hillis v Equifax + Fair Isaac class action - certificate of service and court address

As promised, I just posted my certificate of service and the court’s address

For the objection I’m using the same first page as for the certificate of service.  Please let me know it there are any typos or other screwups—as always, I’m not an attorney.

The preliminary listing of objections:

1) That they will to post all documents at a public website
2) That nobody should be included unless benefits are received—only class members who apply for the benefits are prevented from suing
3) That if I have to opt out, I want the opportunity to do so AFTER the settlement is final
4) I’ll mention many of objector Helfland’s issues
5) ScoreWatch is worthless to most class members
6) The so-called benefits are nothing but a marketing campaign for the defendants

Almost forgot, the Garden City Group was the settlement administrator for my DirecTV nightmare, they’re NOT qualified.

Exhibits:  The current Suze Orman offering of personal advice and the false and misleading advice provided by the software generated credit report review at myFICO.  Helfland did a good job including Equifax website printouts.

Hillis v Equifax + Fair Isaac class action settlement OBJECTIONS due 5/4

I finally started on Saturday to work on my objection, every day comes with new exciting emergencies to keep me from getting this done.

And just now I updated the Hillis topic at CreditLitigation.org

There’s the moronic objection of Robert C. Rollings, either an employee or shareholder of the defendants or one of the world’s dumbest people, objecting on the grounds that this is a frivolous suit.

Fortunately, there’s also the excellent OBJECTION to the Settlement and Attorneys’ Fee Request and Notice of Intent to Appear by Steven F. Helfand.

Apparently he is a San Francisco attorney and USED to have a website, here’s the Google cache.

“Recover your investment losses”

I sure like his commitments to his clients.  Can’t get that kind of service from the consumer “advocate” attorneys.

I’ll be joining his objection and add a few more issues.

I certainly hope that there will be more objections, but the lawyers (just like me) usually wait till the last day.  I can’t even get guaranteed overnight delivery from my rural location, so I’ll have to get it in the mail by Wednesday at noon.

I will post the addresses for the court and word formatted doc and the proof of service for you to use by tomorrow.  If you’d like to submit your objection, you can just copy/paste and in the meantime work on your content.

I really wish I had more time for this.

Tuesday, March 13, 2007

myFICO ScoreWatch FRAUD - no notifications for 75% of inquiries

On 3/5/07 I applied for a mortgage.  Thought maybe the ScoreWatch notification is in my junk, but I just looked online and my last alert was on 3/3/07.  So it’s been OVER a week and ScoreWatch has yet to notify me of the mortgage inquiry.

Standard alerts

You will be alerted when the following changes are detected on your credit report:

Change of name or address
New accounts
New inquiries from applications for a new account
Changes in account status
New public records or debt collections
Changes to existing public records or debt collections

Obviously, I’m not getting what I PAID for.

It appears that I started my ScoreWatch subscription on 4/10/06.

My Equifax inquiries:

3/5/2007 NCO GROUP
8/24/2006 HSBC NV
6/28/2006 UNIVSAV BK
4/24/2006 GEMB/LOWE

For the 4 inquiries, I only got ONE alert:

8/25/2006 HOUSEHOLD CREDIT
Inquiry date: 8/24/2006 Show/Hide Details

ScoreWatch FAILED for 75% of my inquiries.

It’s as buggy as the FICO credit scores and reports.

It would be helpful if YOU could document ScoreWatch bugs too, as I’m obviously going to bring this up in my objection to the proposed settlement.

Monday, March 12, 2007

Questions about the Hillis v. Equifax + Fair Isaac class action settlement

Before I can even begin to work on the objections, I’d like to get answers to my questions:

1) How many member are in the class?

2) How many members are they expecting to request the 3 - 6 months free ScoreWatch service?

3) What is the expected COST to Equifax and Fair Isaac?  How is the cost defined? 

4) How many class members are expected to PAY for a continued subscription or other products?  Why isn’t this considered nothing but a HUGE PROMOTION for Equifax and Fair Isaac? 

5) Will class members have to provide credit card information to obtain the service?

Not according to the FAQ, but “somewhere” I saw something about members receiving a “customary” notice prior to charging the credit card.

What is the “customary notification” Equifax and Fair Isaac provide to customers prior to charging their credit cards for renewals?

Here is what Fair Isaac has to say in its TERMS for ScoreWatch:

9. Your Subscription; Automatic Renewal

Score Watch (the “Service") is provided to you (i) for an initial subscription period of 12 months or (ii) on a month-to-month basis. In either case, you may not cancel the Service at any time before the end of three full months. If you cancel a 12-month subscription to the Service early, and you have already paid for a full 12-month subscription, you will receive a pro rata refund for the remaining portion of the subscription period. If you cancel your month-to-month subscription, we will stop further charges to your credit card, but you will not receive a refund of any amounts already paid. If you do not exercise your right to cancel your subscription to the Service, it will be automatically renewed (in its then-current form) for successive additional periods of 12 months or one month, depending on your initial payment option, and we will charge your credit card for the then-current price of the Service (either one annual payment or continue your monthly payments). If you decide to cancel the Service after the first three months, you must send an email to and inform us of your decision. Please include your name, address, and daytime telephone number in the email.

If you are enrolled in the Service as part of a trial offer, the paragraph above will apply once your trial period expires. If you notify us prior to the trial offer expiration date that you wish to discontinue the Service, your Service will be cancelled and your credit card will not be charged. If you do not notify us prior to the expiration date, we will charge your credit card according to the applicable pricing option.

Can’t we just click on a CANCEL button online to end the subscription online?  How DARE they demanding the consumers’ personal info that’s none of their damned business?  I almost forgot, they’re a credit bureau and collector, especially those CURRENT phone numbers are extremely valuable to collectors and marketers.

According to the Fair Isaac terms, the subscriptions will be AUTOMATICALLY renewed.

From the FAQ

“The current retail value of Score Watch is approximately $7.95-8.95 per month.”

The current Fair Isaac ScoreWatch offer

And for the record, the SAVED 3-12-07-ScoreWatch page

Fair Isaac offers the first month free AND provides 2 free ScorePower reports ($15 value/each).  While the page does not mention the free reports, from the TERMS:

“myFICO® Score Watch includes a Score Power® report that you will obtain at the time of registration, plus another Score Power® report that you may obtain at any time so long as your initial or any subsequent subscription to myFICO® Score Watch is in effect.”

Do the CLASS MEMBERS get the 2 free reports?

From the FAQ:

“There are no prerequisites to receiving your free Score Watch, a real value, other than completing and sending the Authentication Form. You will not have to purchase anything or provide credit card information. These months of Score Watch come with no strings attached. Score Watch is an offering offered for sale by both Equifax and Fair Isaac. It monitors a consumer’s Equifax credit file and FICO® score, and provides up to two Equifax Score Power reports. The current retail value of Score Watch is approximately $7.95-8.95 per month.”

“Up to” two free reports?  What exactly do class members get?

Do members who qualify for 2 subscriptions get 4 ScorePower reports?

WHEN do members who currently subscribe to ScoreWatch get the settlement subscription?

As a current subscriber, can I CANCEL my subscription (which is probably annual, but I don’t know) and get the two 3-months subscriptions?  I’m subscribing because I need a mortgage, but as soon as I have my permanent financing, I have NO use for ScoreWatch.

DISCOVERY

Assume for a moment that the attorneys did NOT file this lawsuit for their personal enrichment, but for the benefit of the class:

WHERE is the discovery?  Not only do I need it to determine whether to opt out or not, but it should be available for the members of the class who want to file subsequent suits.  After all, Fair Isaac STILL advertises the Suze Orman Kit TODAY:

“Everything in FICO Deluxe plus personalized credit coaching from Suze Orman”

I can’t believe that Fair Isaac has the NERVE to continue this FRAUD.  And the class attorneys are either dumb as rocks or they think that WE are dumb as rocks and don’t notice that they accomplished nothing.

Which leads me to my last question for today:

Is the Orman fraud mentioned ANYWHERE in the lawsuit?

I’m going to be extremely busy the next few weeks, have to shorten my appeal brief from 74 to 45 pages, have a friend visiting next week, am building a house almost by myself and occasionally I do some paid work.

I’m going to submit the questions *we* (that means YOU and me) can’t find answers to by email to the class attorneys—give them a chance to clarify prior to submitting the objection.