Court refused to seal the Experian unredacted credit reports until I dismissed all claims
Since I’m already having a horrible day, I might as well finally post about one of my all-time most depressing litigation experiences. For several days I’ve been waking up in the middle of the night, worried about what to do about this, since the deadline for appeal is approaching.
On 8/30/06, Experian and ConsumerInfo.com filed their motions for summary judgment, including numerous UNREDACTED credit reports.
Equifax and Cap One also filed my personal data last year in spring and the court always immediately removed the documents, filed a notice of deficiency and made them redact all personal data when I called. They even found personal data that I missed! They did an excellent job.
However, when I noticed in September that Experian and CIC had filed UNREDACTED reports and I called the court, they refused to do anything and told me that I had to file a motion.
On 9/12/06 I filed my MOTION to Enforce Privacy Rules and to remove Plaintiff’s credit reports. Judge Broomfield ruled:
ORDER granting in part and denying in part 317 Pla’s Motion to Enforce Privacy Rules and to Remove Credit Reports filed by Dft Experian Information Systems. More specifically, it is ordered that Dft Experian Informatin Solution, Inc. redact the month and date of Pla’s birth from exhibits 4 and 5 of the Hughes’ Declaration 316. IT IS FURTHER ORDERED that in all future filings in this action Dft Experian Information Solutions, Inc. shall fully comply with the Manual’s privacy section. IT IS FURTHER ORDERED that Pla’s motion 317 is denied to the extent she is seeking “the indentity of any PACERS users who may have accessed her credit reports”. IT IS FURTHER ORDERED that in all respects Pla’s motion 317 is denied . Signed by Judge Robert C Broomfield on 9/15/06. (LSP) (Entered: 09/18/2006)
I have NO idea why he only ordered the removal of my birth date on TWO reports, several of the reports had ALL my personal data, including drivers license #, birth date, home phone, every address any creditor reported in the last 20+ years, and the first 7 digits of my social security number—and of course all my account data.
I filed a motion for a protective order (denied) and my motion for reconsideration, also denied.
When I got that order, I cried my eyes out and submitted my Notice re Offer to dismiss with prejudice all claims against Experian and ConsumerInfo.com in exchange for removal from public access of all credit reports filed by Experian and CIC.
Of course they accepted and on 3/16/07, the court terminated the case and finally sealed my credit reports. I still have to upload all the filings and exhibits, obviously I couldn’t post about this while my entire credit reports were available for download from PACER at 8 cents/page.
I would like to appeal the orders regarding my credit reports, but I don’t think I can afford another $455 right now. Not to mention that I got enough litigation going as it is.
And I’d also like to file a new suit against the court, Experian, ConsumerInfo.com, Jones Day (I notified one of their partners a few months ago and hoped they’d take some action, which they didn’t) and Marc Carlson. One of my claims against Experian was that they provided my credit data to persons without a permissible purpose. And then they provided my reports to the GENERAL PUBLIC on PACER in order to get me to dismiss my claims.
I have no idea why the court changed its policy in 2006 regarding the filing of personal identifying data, why did I have to file a motion?
Why did judge Broomfield deny my requests to have ALL reports redacted?
What gives anyone the right to file a consumer’s credit report for access by the public?
Can I post Marc Carlson’s, judge Broomfield’s and the Experian and Jones Day executives’ credit reports too?
I’d really like to get a writ of mandamus to require the court to prohibit the filing of any consumer credit reports, in my case it definitely was not necessary to file entire reports and if it IS necessary, they should be filed under seal. But this is all way beyond my legal skills.
Additionally, the court should be ordered to IMMEDIATELY remove all docs containing personal data upon ANY notice, including a phone call. Why should a COURT be allowed to knowingly subject me to ID theft?
I’ll try to post the filings soon—appreciate any suggestions.
Posted by Christine on 04/04/2007 at 03:57 PM
2003 Suit (appealed, Experian filed credit reports on PACER) • ConsumerInfo.com - incomplete reports • Experian - countless violations • (0) Comments • Permalink
