Tuesday, June 17, 2008
6/16/08 amended complaint: Trans Union tortuous interference with my business
Last night I filed my amended complaint with my NEW claim:
TORTUOUS INTERFERENCE WITH CONTRACTUAL RELATIONS
86) Baker contracts with consumers to analyze their credit reports and FICO credit scores, draft disputes to credit bureaus and/or to recommend specific actions to improve FICO credit scores.
87) Trans Union was aware of Baker’s contractual relations with her clients at all times relevant hereto.
88) Baker’s clients expect that their FICO credit scores will increase after they send their factual disputes to Trans Union according to Baker’s instructions or after Baker directly contacts Trans Union on behalf of her clients.
89) Trans Union at all times knew that it is required by law to correct disputed consumer credit data.
90) TransUnion knowingly, intentionally and maliciously failed to correct the disputed data on numerous occasions in violation of the FCRA.
91) TransUnion knowingly, intentionally and maliciously interfered with Baker’s contractual relations with her clients.
92) As a proximate result of the foregoing intentional interference by TransUnion, Baker has suffered and will continue to suffer financial damages, emotional distress and mental anguish.
93) The actions of Trans Union were malicious, reckless and/or oppressive and were undertaken to injure Baker and her clients. Accordingly, Trans Union is liable to Baker for punitive and exemplary damages in an amount proven at trial.
I already scanned the TU discovery responses, will post those later. As usually, they did NOT provide a single substantive answer. Don’t I wish I could depose them, but the $350 in litigation donations won’t even pay for the transportation to get to the depositions, not to mention the thousands of dollars required to pay for the court reporter, transcripts, hotel, etc.
I don’t know what to do next.
Hope for them to throw me a few bucks for a settlement?
Waste endless hours on more written discovery that won’t get me anywhere?
Maybe I’ll file a motion for summary judgment. They didn’t respond to my requests for admission within 30 days.
At least I got to say how it is. Since I’m the only credit professional in the country, there won’t be any big suits to build on this as with Cap One and their refusal to report the credit limits.
BTW, my client just got her new myFICO TU report, Trans Union CONTINUED to report without the date closed despite this litigation.
The credit bureaus have absolute power.
The corporations and their scumbag management and lawyers can do whatever they want, destroy lives and kill human beings without any repercussions.
Also from my complaint:
IV. INTRODUCTION
13) This Complaint is about the fact that thousands of consumers are in foreclosure (the subprime crisis) because credit reporting agencies (“CRAs”) willfully disregard the FCRA requirement to provide consumer credit reports only to persons with a permissible purpose and the regulators refuse to investigate complaints of illegal activities and false mortgage advertising.
14) The CRAs’ motives are obvious, they get paid for every consumer credit report provided to lenders and profits are far more important to CRAs than protecting consumers’ personal and financial data and complying with the FCRA.
15) The CRAs and reseller NCO ignored Baker’s written and well documented complaints in 2004 and 2005 about mortgage banker Dana Capital’s illegal activities, including obtaining Baker’s consumer credit report for unlicensed marketers in 2004.
16) When Baker applied with “Trinity Financial” for a mortgage in 3/07, she was shocked to see that again Dana Capital’s account was utilized to obtain her credit reports from reseller NCO – Baker did NOT apply for anything with Dana Capital.
17) The California and Arizona mortgage licensing departments also had failed to act on Baker’s complaints and allowed Dana Capital to continue to establish often unlicensed branches for the purpose of engaging in illegal telephone and fax advertising of mortgages with entirely false terms.
18) Regulators with the mandate to protect consumers instead protected mortgage companies engaging in false advertising of interest rates as low as 1%, as Baker documented at her website http://creditsuit.org/credit.php?/blog/comments/housing_sales_slowdown_californians_house_poor_mortgage_fraud_rampant/.
19) Baker suspects that the licensing agencies decided to ignore complaints to sustain economic growth, as much of the cash obtained from refinances was used to pay
off credit cards and to purchase more products the borrowers could not afford.20) No amount of money can adequately compensate the people who lost their homes, end up divorced, depressed and/or ill due to financial problems and some no doubt
die because the economy and corporate profits are more important than compliance with consumer protection laws.21) Because Baker does not have the legal skills and cash to sue the government, she plans to write a book about her credit work, research and litigation and the corruption throughout American government and business, hopefully encouraging more qualified people or organizations to seek justice and to put the responsible persons into prison.
Judge Teilborg denied the TU motion to strike this part of my complaint and the 12(c) motion for judgment as moot, since I was amending the complaint. So now TU can file their motions again and I’ll have to waste my time responding again.
Is it time I let it go, write my book, remove myself from this agony and do something more enjoyable?
As much as I’d like to make a difference for all, it’s rather obvious that I’m not a lawyer, I’m not superwoman, NO politician gives a damn, NOBODY else is DOING anything to put the credit bureaus in their place and very few people are sending donations.
My grapes and potatoes are looking good and being 50 years old, I’m looking forward to more rewarding activities and PAID work.
Helping people NOT pay their credit cards is very rewarding. There’s absolutely NOTHING wrong with not paying as promised.
It’s by far the easiest way to find justice in America. We have absolutely NO moral obligation to pay the bankers, if anything, we have a moral obligation NOT to pay.
2007 Inquiry suit • Trans Union • (4) Comments • Permalink
