3/29/07 opening brief in the 9th circuit court of appeals re. Equifax, Capital One and Target
I first filed my brief on 2/8/07, but it was 74 pages and the rules allow only 40 pages. So I filed a motion for permission to file the 74 pages, but it was granted only in part, I had to reduce it to 45 pages. It wasn’t easy, but overall I think it’s actually a much better brief now.
I don’t cite any case law and discuss other cases, my objective was to state what happened in district court by using extensive excerpts. HOPEFULLY it will be easy to see the many INJUSTICES I suffered in district court.
Additionally, I emphasized the “21st century” issues that have not been litigated and need to be addressed by the courts and possibly legislators:
1) CRAs claim that you have to provide the credit reports received by third parties (creditors) to establish damages.
Of course that’s absurd since most creditors don’t even get credit reports, they get some credit score.
2) CRAs DELETE positive accounts 10 years after they were closed.
They have NO right to delete accounts, as they are supposed to produce COMPLETE reports. This wasn’t an issue until credit scoring came along and ACCOUNT HISTORY is a MAJOR score factor. People with very long credit history can get a brand new collection and STILL have FICO scores over 700 and the CRAs are obviously lowering credit scores by deleting positive accounts.
I also asked for the appeals court’s opinion regarding judges Wake’s hostility towards me, his attempts to intimidate me into NOT filing an amended complaint and his rulings in favor of the defendants despite their OBVIOUS lies. If his rulings result in “justice”, the word needs to get a new definition.
Of course most of the brief is about the reporting of credit limits, Capital One’s failure to investigate and their deliberate reporting of incorrect data and the many Equifax violations.
Due to the page limitation, I couldn’t get into a lot of detail on many issues, but I do plan on filing replies to their responses.
I will try to post the addendum and the referenced exhibits. I realized when I wrote the brief that I never posted the filings and exhibits regarding the Equifax motion for summary judgment and will try to do so.
Unfortunately, I’m really broke and I have to get my old place ready for sale—unless people send some donations, I won’t have much time for this.
I have exactly $0 for legal research and it’s highly unlikely that I’ll get a check from the sale of my place within the next couple months. It sure would be nice to be able to look up the cases they’ll cite in their response and maybe even have a few in support of my arguments. Appreciate any help with that.
Posted by Christine on 03/30/2007 at 10:47 AM
DONATION • 2007 Appeal - Equifax, Capital One & Target • (2) Comments • Permalink
I have westlaw access. If you get me a copy of their brief, I’ll pull the cases for you and send back to you as MSWord documents, so that you may cut-and-paste any parts you need. Let me know.
Thank you VERY much, I’ll take you up on that.
And in addition to research for the above issues, I sure could use some pointers on what to do about Experian and ConsumerInfo.com filing my unredacted credit reports on PACER and essentially forcing me to dismiss all claims against them in exchange for removal of my credit reports.
Court refused to seal the Experian unredacted credit reports until I dismissed all claims
