You Cant Handle the Truth.. THE NATIONWIDE COLLECTIONS LAWSUIT, Posted by Robert Paisola
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COMMONWEALTH OF KENTUCKY
14th JUDICIAL CIRCUIT
SCOTT CIRCUIT COURT
CIVIL ACTION NO.: 08-CI-_________
MICHAEL S. MARCUM PLAINTIFF
AND ALL PARTIES SIMILARLY SITUATED
V.
AMERICAN EXPRESS TRAVEL RELATED
SERVICES COMPANY, INC.; and
Serve: C. T. Corporation System
Kentucky Home Life Building
239 South Fifth Street
Suite 1511
Louisville, Kentucky 40202
NATIONWIDE CREDIT, INC.
Serve: C.T. Corporation System
Kentucky Home Life Building
239 South Fifth Street
Suite 1511
Louisville, Kentucky 40202 DEFENDANTS
COMPLAINT AND DEMAND
FOR JURY TRIAL
I. INTRODUCTION
1. This is an action for actual, statutory and punitive damages, costs and attorney’s fees brought by an individual consumer for Defendant's violations of the Fair Debt Collection Practice Act, 15 U.S.C. § 1692, et seq. (hereinafter “FDCPA”), the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (hereinafter “FCRA”) and for the common law torts of Defamation, Civil Conspiracy, Invasion of Privacy, Negligence and for declaratory and injunctive relief under state law.
II. JURISDICTION AND VENUE
2. This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C. § 1692k (d) and 15 U.S.C. § 1681p that permits state courts subject matter jurisdiction over the federal statutory claims asserted herein, and the amount in controversy exceeds the minimum jurisdictional limits of this Court. This Court is the proper venue for this action as the Defendants transact business here and the material events that form the basis of the claims set out herein occurred within Scott County, Kentucky.
III. PARTIES
3. At all times relevant Plaintiff, Michael S. Marcum, is and was a citizen of the Commonwealth of Kentucky residing at 204 Taylorsville Trail, Georgetown, Scott County, Kentucky 40324.
4. At all times relevant, Defendant American Express Travel Related Services Company, Inc. (“Amex”), is and was a New York Corporation incorporated under the laws of the State of New York and doing business within the Commonwealth of Kentucky through its’ registered offices located at the Kentucky Home Life Building, Louisville, Kentucky 40202. According to the Secretary of State, Defendant Amex’s agent for service of process is: C. T. Corporation System, Kentucky Home Life Building, Louisville, Kentucky 40202.
5. At all times relevant, Defendant Nationwide Credit, Inc. (“Nationwide”), is and was a Georgia Corporation incorporated under the laws of the State of Georgia and doing business within the Commonwealth of Kentucky through its’ registered offices located at the Kentucky Home Life Building, Louisville, Kentucky 40202. According to the Secretary of State, Defendant Nationwide’s agent for service of process is: C. T. Corporation System, Kentucky Home Life Building, Louisville, Kentucky 40202. The principal purpose of Defendant Nationwide is the collection of debts using the mails and telephone, and Defendant Nationwide regularly attempts to collect debts alleged to be due another.
IV. RELEVANT FACTS
6. In or about October 2003, Shane Marcum Ford, LLC (“SMF”) was solicited by Defendant Amex to open a “Business Card” charge account.
7. At all times relevant, SMF was a valid and existing limited liability company, in good standing under the laws of the Commonwealth of Kentucky and the Plaintiff was acting in his capacity as Managing Member of SMF, including when an extension of credit was accepted from Defendant Amex and/or when using the Business Card associated with account #372718126682001.
8. The Plaintiff, in his capacity as Managing Member of SMF, agreed to allow the business to accept the pre-screened offer of credit.
9. The account offered by Defendant Amex was to be part of the Open Business Network of American Express.
10. The Plaintiff did not sign an application for credit with Defendant Amex in his individual capacity and relating to account #372718126682001.
11. The Plaintiff was never requested, and he never offered, to personally guarantee any portion of future charges that would be billed to the account.
12. In fact, the representative of Defendant Amex processing the application specifically stated to the Plaintiff that he would not be personally liable for any charges and requested that the Plaintiff fax Defendant Amex a copy of the limited liability company’s Articles of Organization along with proof of issuance of the Company’s Federal Tax Identification number to verify the same.
13. The Plaintiff was induced by and materially relied upon the representations of Defendant Amex’s representative in authorizing Shane Marcum Ford, LLC to accept the extension of credit relating to account #372718126682001.
14. Prior to proclaiming that the account was delinquent or in default, Defendant Amex did not report any account information relating to account #372718126682001 to the Plaintiff’s credit reports with TransUnion, Equifax or Experian.
15. Subsequent to proclaiming that account #372718126682001 was delinquent, Defendant Amex began to report negative information to the Plaintiff’s credit reports with TransUnion, Equifax and Experian.
16. Upon discovery of the negatively reported information, the Plaintiff immediately lodged a dispute with Defendant Amex and requested validation for the basis of their assertion that he was personally liable for the debts relating to the account belonging to Shane Marcum Ford, LLC.
17. Defendant Amex has never responded to the dispute nor have they provided any of the requested validation relating to the negative information that they have wrongfully and continually inserted into the Plaintiff’s credit reports.
18. Defendant Amex continued to represent the alleged debt as belonging to Plaintiff through the identified consumer reporting agencies (“CRA”) on a monthly basis, continuing through the dispute validation period and up until the present. Defendant Amex has failed and/or refused to notate or reclassify the alleged debt on any of Plaintiff’s subsequent credit reports as disputed by the Plaintiff.
19. Defendant Amex has asserted that Plaintiff is personally liable for account #3727-181266-82001 pursuant to the terms and conditions of a purported “Cardmember Agreement”.
20. Plaintiff has never agreed to be a “Cardmember” and was therefore never provided with a copy of the purported Cardmember Agreement by the Defendant Amex. Plaintiff has never read the Cardmember Agreement and is not aware of any terms or conditions that it may contain.
21. On or about July 15, 2006 Defendant Amex caused a letter to be sent to the Plaintiff requesting payment in the amount of $2,630.32 and stating in pertinent part:
It’s important for you to know that your account is past due.
• Business Card 3727-181266-82001
Please be aware that new charges will be declined on the account(s) listed within the Account Summary section and any other card products associated with this account(s); and (if applicable) you should advise any additional Cardmember(s) that their new charges will also be declined.
A true and correct copy of the July 15, 2006 letter is attached hereto as Exhibit “A”.
22. Upon receipt of the aforementioned letter, the Plaintiff telephoned Defendant Amex and requested that they provide him with any documentation that would verify his individual liability for what was undisputedly a “Business Card”.
23. Defendant Amex’s representative condescendingly stated that the business name was Shane Marcum Ford, LLC, and that since the Plaintiff’s name is Shane Marcum, he was therefore obviously liable.
24. On or about September 16, 2006 Defendant Amex caused a demand letter to be sent to the Plaintiff and Shane Marcum Ford, LLC requesting that the Plaintiff immediately remit the amount of $2,680.75. A true and correct copy of the September 16, 2006 letter is attached hereto as Exhibit “B”.
25. Plaintiff’s impression was that the letter was an attempt to collect the alleged debt, but the letter was absent any language indicating debt collection action other than a statement on the back of page one stating:
Our cancellation of your account(s) under these circumstances may result in negative reporting of this account to the consumer and commercial reporting agencies.
26. The demand letter also stated that Defendant Amex was “canceling” account #372718126682001 due to, “Information received from a consumer reporting agency.” The letter indicated that the “information received” was communicated from Experian P.O. Box 2002 Allen, TX. 75013.
27. Plaintiff telephoned Defendant Amex and attempted to once again clarify and explain that the referenced account was a “Business Card” which he had not personally guaranteed. The representative advised the Plaintiff that the account would be noted.
28. On or about October 24, 2006 Plaintiff received a Dunning Notice dated October 19, 2006 from Total Credit Recovery USA Group, Inc. (“Total Credit”) stating that the debt had been referred to them by Defendant Amex for collection and listed an amount due of $2,754.47.
29. Plaintiff immediately notified Total Credit that he disputed the debt and requested that validation be provided to him within thirty (30) days.
30. Plaintiff did not receive any validation of liability, but received subsequent letters from Total Credit dated October 25, 2006, November 16, 2006, December 13, 2006 and January 17, 2007.
31. On or about February 27, 2007 Plaintiff received a Dunning Notice from another collection agency, United Recovery Systems, LP (“United”), which requested payment in the amount of $2,901.91.
32. On the same date the Plaintiff responded via certified U.S. mail to United disputing the alleged debt and stating:
Please consider this correspondence as notice to you and the American Express Company, that I vehemently dispute the validity of this debt and I request that you, within 30 days, supply me with proof of the debt along with any recorded telephone conversations between myself and representatives of the American Express Company. I would also request copies of all items that the American Express Company alleges to obligate me individually to pay this alleged debt.
33. The U.S. Postal Service delivered the Plaintiff’s letter of dispute and request for validation to United on March 3, 2007.
34. The Plaintiff did not receive any form of validation or further communications from United subsequent to their receipt of the Plaintiff’s dispute letter.
35. In or about June 2007, Plaintiff lodged disputes with multiple CRAs relating to the accuracy of the alleged debt and advised them of Defendant Amex’s refusal to validate the alleged debt.
36. In or about July 2007 and after reviewing his credit reports, the Plaintiff discovered that Defendant Amex had represented through Experian Information Solutions on April 19, 2007, and June 18, 2007 that either a “Suit or Judgment” had been instituted against the Plaintiff.
37. The false representations were published to Experian Information Solutions and to third parties therefrom, including potential lenders and employers of Plaintiff and by falsely representing this veiled threat if litigation, humiliated, embarrassed and caused the Plaintiff great angst.
38. In or about August 2007, Plaintiff was contacted via telephone by Nationwide Credit, Inc. (“Nationwide”), another collection agent of Defendant Amex.
39. Plaintiff advised Defendant Nationwide that the debt was disputed and requested to be supplied with the required written notice within the proscribed five (5) day time period.
40. Defendant Nationwide did not provide any information to Plaintiff regarding the debt in writing within the subsequent five (5) day period of the initial oral communication.
41. Plaintiff further advised Defendant Nationwide that he had retained counsel and was represented by attorney, Reid Allen Glass, Esq., and provided adequate contact information, including mailing address and telephone numbers relating to his counsel and directed all communication relating to the alleged debt to be routed through Attorney Glass, in writing, in an effort to avoid enduring further harassing collection tactics.
42. Additionally, until being contacted by Attorney Reid Allen Glass on or about October 22, 2007, Defendant Nationwide failed and/or refused to provide any further information at all.
43. On October 16, 2007 at 7:59 p.m. a representative of Defendant Nationwide speaking with a foreign accent and using the name “Gary Wilson”, telephoned the Georgetown/Scott County 911 Center and spoke with Dispatcher Holly McFarland in an attempt to contact the Plaintiff at his place of employment.
44. Prior to October 16, 2007, Defendant Nationwide had been notified that Attorney Reid Allen Glass represented the Plaintiff concerning all matters relating to account #372718126682001.
45. Upon being made aware of the call by Ms. McFarland, Plaintiff immediately telephoned Defendant Nationwide to reiterate to them that any communications were to be sent through Plaintiff’s attorney, Reid Allen Glass. During this conversation the representative of Defendant Nationwide did not advise Plaintiff that he was a debt collector and attempting to collect a debt.
46. Plaintiff further requested that Defendant Nationwide refrain from calling his employer due to his inability to accept personal telephone calls at work.
47. On October 22, 2007 and only after a second telephone call to Defendant Nationwide requesting validation of any individual liability, Defendant Nationwide provided the Plaintiff’s counsel with a Dunning Notice via facsimile which included the required disclosures.
48. Subsequently, on November 20, 2007 in response to the Dunning Notice, Plaintiff’s counsel Reid Glass sent correspondence to the Defendants via certified U.S. Mail, again requesting that the Defendants have no direct contact with the Plaintiff and again requesting verification of the debt by stating:
We would further request that you provide, within 30 days, any and all documentation that American Express claims would obligate my client, individually, to satisfy this alleged debt.
49. The certified correspondences were accepted by both Defendants Nationwide and Amex and signed for by the same individual on November 26, 2007.
50. Defendant Nationwide has not provided Plaintiff’s counsel with the requested verifications relating to the alleged debt.
51. On or about December 14, 2007, Defendant Nationwide generated correspondence addressed to Plaintiff in care of his counsel, all in a continued effort to collect the alleged debt.
52. In or about December 2007, Plaintiff discovered that on September 19, 2007, Defendant Amex had again falsely reported to and through Experian Information Solutions that a suit had been filed or a judgment had been obtained against the Plaintiff.
53. On December 14, 2007, Plaintiff again received a message (via voicemail) at his place of employment from a gentleman who identified himself only as Ryan Rafert, and requested that the Plaintiff call him at (800) 267-9209, Extension 3010, regarding “Case Number 07282151092”.
54. Upon returning the call, Plaintiff was advised by Mr. Rafert that he was an employee of Defendant Nationwides’s “Legal Forwarding Division” and implied that legal action was being taken by the Defendants relating to the collection of American Express Account #3727-181266-82001.
55. In leaving the December 14, 2007 voicemail communication for the Plaintiff, Mr. Rafert did not state that the call was on behalf of either Defendant or that he was a debt collector attempting to collect a debt.
55. Neither Defendant has initiated any type of judicial proceedings relating to the collection of Defendant Amex’s Account #3727-181266-82001.
56. At all times relevant, Defendant Nationwide is and was the authorized, actual or ostensible agent of Defendant Amex acting within the scope of it agency and Defendant Amex is vicariously liable for the acts committed by its agent Defendant Nationwide as alleged herein; and/or the Defendant Amex ratified the egregious actions of Defendant Nationwide and is liable for the damages suffered by Plaintiff pursuant to the doctrine of Respondeat Superior.
FIRST CAUSE OF ACTION
(Violation of FDCPA; 15 U.S.C. § 1692)
57. The Plaintiff realleges and incorporates paragraphs 1 through 56 above as if fully set out herein.
58. Defendant Nationwide has violated 15 U.S.C. § 1692g, by failing or refusing to provide the Plaintiff with the statutorily required written notice within five (5) days subsequent to their initial oral communication with the Plaintiff regarding the alleged underlying debt.
59. Defendant Nationwide has violated §1692c(a)(2) by, on two or more occasions, intentionally contacting the Plaintiff when it had prior knowledge that the Plaintiff was represented by counsel.
60. Defendant Nationwide was properly provided with the name, current address and telephone number of Plaintiff’s counsel and failed or refused to make a concerted effort to contact the same.
61. Defendant Nationwide did not have the Plaintiff’s permission to contact him; did not obtain the express permission from a court of competent jurisdiction; and did not obtain consent from Plaintiff’s counsel prior to engaging in the prohibited communications.
62. Defendant Nationwide has violated 15 U.S.C. § 1692g, by failing or refusing to cease further collection activity and provide validation of the debt upon their receipt of a request for validation from the Plaintiff.
63. Defendant Nationwide has violated 15 U.S.C. §1692c(a)(3) by continuing to contact the Plaintiff at his place of employment after Defendants knew or had reason to know that the Plaintiffs’ was prohibited from receiving such communications.
64. Defendant Nationwide has violated 15 U.S.C. § 1692e(2)(A), §1692e(5) and §1692e(10) by falsely representing the imminence of legal action against the Plaintiff when none was intended.
65. At all times relevant, Defendant Nationwide conspired with, and was the authorized, actual or ostensible agent of Defendant Amex acting within the scope of it agency and Defendant Amex is vicariously liable for the acts committed by the its agent.
66. As a direct, proximate, and foreseeable result of the above violations of the FDCPA, Defendant Nationwide is liable to the Plaintiff for declaratory judgment that Defendants’ conduct violated the FDCPA, and Plaintiffs’ actual and statutory damages. The Plaintiff is further entitled to recover costs and attorney’s fees from Defendants in an amount to be determined by the Court pursuant to 15 U.S.C. § 1692k.
SECOND CAUSE OF ACTION
(Invasion of Privacy)
67. The Plaintiff realleges and incorporates paragraphs 1 through 66 above as if fully set out herein.
68. Defendants, while conspiring to act pursuant to their improper agreement intentionally, unreasonably and inaccurately undertook a series of communications to the home and workplace of the Plaintiff constituting an invasion of privacy, as set out and described in the common law of the Commonwealth of Kentucky. Said communications were harassing, unreasonable, systematic and continuous in number and made in disregard for Plaintiffs’ right to privacy; after repeated requests that the Defendants no longer contact them. Said communications were made to force, coerce, harass, frighten, embarrass and/or humiliate the Plaintiff into paying an alleged debt that the Defendants refused to verify or validate and in doing so, placed the Plaintiff in a false light to various third parties.
69. Defendants made unwarranted and wrongful disclosures of the private affairs of Plaintiff that would be objectionable to a reasonable person of ordinary sensibilities.
70. Defendants wrongfully intruded into Plaintiff’s private affairs in such a manner as to outrage or cause loss of reputation, mental suffering, shame or humiliation to a person of ordinary sensibilities.
71. Defendants Amex committed the acts alleged herein at a time that it knew, or should have known, that the information it was furnishing was false, inaccurate and/or otherwise incorrect.
72. As a direct, proximate and foreseeable result of Defendants Amex’s wrongful invasion of the Plaintiff’s privacy, the Plaintiff has suffered and will continue to endure, loss of reputation, loss of credit reputation, emotional distress, anxiety, humiliation and embarrassment, all to his detriment in an amount to be determined by this Court at trial.
THIRD CAUSE OF ACTION
(Civil Conspiracy)
73. The Plaintiff realleges and incorporates paragraphs 1 through 72 above as if fully set out herein.
74. Upon information and belief, Defendants Amex and Nationwide operate pursuant to an agreement, one purpose of which is to wrongfully veil actual violations of the federally mandated consumer protections under the Fair Debt Collection Practices Act and/or the Fair Credit Reporting Act or circumvent them altogether, all for the unlawful and improper purpose of collecting consumer debts in an unlawful, abusive and harassing manner.
75. Upon information and belief, Defendants Amex and Nationwide have knowingly and voluntarily participated in this common scheme to commit invasion of privacy, violations of the FDCPA, FCRA and defame the Plaintiff by Defendant Amex maliciously and willfully communicating false information to Plaintiff’s credit reports while knowing that Defendant Amex, a creditor under the FDCPA, would be immune from the penalties of the FDCPA.
76. Defendant Nationwide has ratified the conduct of Defendant Amex by agreeing to take the frontline and create the appearance that it was primarily collecting the debt, when in fact Defendant Amex was attempting to collect the debt while conspiring to cloak itself with the FDCPA immunities of a creditor and furthering its misrepresentations and defamation of the Plaintiff by communicating false information to consumer reporting agencies.
77. That as a direct, proximate, and foreseeable result of Defendants Amex and Nationwide conspiring to commit the violations of law alleged herein, the Plaintiff has suffered loss of reputation; loss of credit; loss of the ability to purchase and benefit from credit; and mental and emotional pain, anguish, humiliation, and embarrassment, as well as actual loss and is entitled to compensatory damages and punitive damages all in an amount that exceeds the minimum jurisdictional limits of this Court.
FOURTH CAUSE OF ACTION
(Violations of FCRA; 15 U.S.C. § 1681)
78. The Plaintiff realleges and incorporates paragraphs 1 through 77 above as if fully set out herein.
79. Beginning in or about the month of June 2006 and continuing each month thereafter, to the present day, Defendants have repeatedly violated the FCRA, 15 U.S.C. § 1681s (2)(b) by conspiring to, and:
(a) wrongfully and inaccurately reporting a collection account to the Plaintiff’s credit files with Equifax, TransUnion and Experian without also including a notation that the debt was disputed;
(b) by failing to fully and properly investigate and respond to the Plaintiff’s dispute of the alleged debt;
(c) by failing to review all relevant information regarding the same;
(d) by failing and/or refusing to fully cooperate and/or accurately respond to consumer reporting agency reinvestigations;
(e) by failing to permanently and lawfully correct its own internal records to prevent the re-reporting and inaccuracy of the alleged debt to the consumer reporting agencies.
80. As a direct and proximate result of the conduct, action and inaction of Defendants, the Plaintiff suffered actual damage by loss of reputation; loss of credit; loss of the ability to purchase and benefit from credit; and mental and emotional pain, anguish, humiliation, and embarrassment.
81. Defendants’ conduct, action and inaction was willful, intentional and/or malicious rendering it liable for punitive damages in an amount to be determined by the Court pursuant to 15 U.S.C. § 1681n. In the alternative, Defendants’ were negligent, entitling the Plaintiff to recover damages pursuant to 15 U.S.C. § 1681o.
82. The Plaintiff is entitled to recover costs and attorney’s fees from the Defendants in an amount to be determined by the Court pursuant to 15 U.S.C. § 1681(n) and/or 15 U.S.C. § 1681(o).
FIFTH CAUSE OF ACTION
(Violations of FCRA; 15 U.S.C. § 1681)
83. The Plaintiff realleges and incorporates paragraphs 1 through 82 above as if fully set out herein.
84. On three or more occasions the Defendants violated the FCRA, 15 U.S.C. § 1681s-2(a) by conspiring to, and wrongfully reporting the false representation to Experian Information Solutions that Defendant Amex had either filed a suit against the Plaintiff, or obtained a judgment against the Plaintiff.
85. As a direct and proximate result of the conduct, action and inaction of the Defendants, the Plaintiff suffered damage by loss of reputation; loss of credit; loss of the ability to purchase and benefit from credit; mental and emotional pain, anguish, humiliation, and embarrassment.
86. Defendants’ conduct, action and inaction was willful, intentional and/or malicious rendering it liable for punitive damages in an amount to be determined by the Court pursuant to 15 U.S.C. § 1681n. In the alternative, Defendants’ were negligent in their actions, entitling the Plaintiff to recover damages pursuant to 15 U.S.C. § 1681o.
87. The Plaintiff is entitled to recover costs and attorney’s fees from the Defendants in an amount to be determined by the Court pursuant to 15 U.S.C. § 1681(n) and or 15 U.S.C. § 1681(o).
SIXTH CAUSE OF ACTION
(Defamation)
88. The Plaintiff realleges and incorporates paragraphs 1 through 87 above as if fully set out herein.
89. Defendants Amex and Nationwide have attempted to extort payment from the Plaintiff by conspiring to, and engaging in a defamatory scheme of repeatedly publishing false and misleading assertions to, or contacting third parties and misrepresenting that Plaintiff owes a debt to Defendant Amex, and by expressly and/or impliedly continuing to publish and re-assert said accusations that Plaintiff has wrongfully refused to pay said debt.
90. Defendants have exacerbated their defamation of Plaintiff by, on three or more occasions, willfully and maliciously publishing to third parties, the inaccurate and completely false assertions that Amex has either initiated legal proceedings or obtained a judgment against the Plaintiff.
91. Defendant Amex published the false representations described herein to various third parties including, consumer reporting agencies, potential employers and potential lenders of Plaintiff on multiple occasions.
92. The Defendants’ defamation of the Plaintiff was malicious, intentional, willful and/or wanton, and with reckless disregard for the truth of said allegations and Defendants’ are therefore subject to common law tort claims that are exempt from preemption by the FCRA pursuant to 15 U.S.C. § 1681h(e). The Defendants’ knew, or should have known, that the Plaintiff never agreed to be responsible for account #372718126682001.
93. As a direct and proximate result of the conduct, action and inaction of Defendants Amex and Nationwide, the Plaintiff has suffered and will continue to suffer damage by loss of reputation; loss of credit; loss of the ability to purchase and benefit from credit; and mental and emotional pain, anguish, humiliation, and embarrassment.
94. The defamation, conduct, actions and inactions of Defendants Amex and Nationwide were malicious, deliberate, willful, intentional and/or with reckless disregard for the interests and rights of Plaintiff such as to justify an award of punitive damages against Defendant Amex in an amount to be determined by the Court.
SEVENTH CAUSE OF ACTION
(Negligence)
95. The Plaintiff realleges and incorporates paragraphs 1 through 94 above as if fully set out herein.
96. Defendant Amex owed Plaintiff a duty to initially disclose to him, during Shane Marcum Ford, LLC’s application process, any alleged or perceived responsibility or potential individual liability that he may be accused of incurring in relation to Account #372718126682001.
97. Defendants Amex and Nationwide further owed Plaintiff a duty to exercise ordinary care in the billing, collection, and/or assignment of debts to their collection agents and/or the providing of accurate information to consumer reporting agencies.
98. Defendants Amex and Nationwide breached said duty and failed to use reasonable or ordinary care by doing one or more of the following acts:
(a) By willfully, intentionally and/or recklessly providing inaccurate information to consumer reporting agencies Experian, Trans Union and Equifax including, but not limited to, information that Plaintiff was guarantor on Shane Marcum Ford’s business account #372718126682001 when he was not; and/or
(b) Upon information and belief, Defendants willfully, intentionally and/or recklessly failed or refused to correct any misapprehension on the parts of one another and/or consumer reporting agencies Experian, Trans Union, and/or Equifax that Plaintiff was a guarantor on business account #372718126682001 of Shane Marcum Ford, LLC when he was not; and/or
(c) By willfully, intentionally and/or recklessly communicating to consumer reporting agency Experian the false assertion that Defendant Amex had either filed a suit against the Plaintiff, or obtained a judgment against the Plaintiff; and
(d) By Defendant Amex failing or refusing to properly and competently supervise the activities of its collection agent, Defendant Nationwide, when it knew, or should have known, that Defendant Nationwide had previously been sanctioned and/or penalized by the Federal Trade Commission for abusive collection practices;
(e) By each Defendant failing or refusing to properly supervise and train their respective personnel hired for the purpose of collecting funds, monies, and/or personal property from alleged debtors, consumers, and members of the general public, said personnel having attempted to communicate with the Plaintiff, communicated with third parties regarding the Plaintiff, or made certain communications to the Plaintiff.
99. Defendants breached their duty to Plaintiff and were negligent, grossly negligent and/or reckless in providing false and/or inaccurate information to third parties after they knew or should have known that the accuracy of the information was questionable and/or disputed.
100. As a direct, proximate and foreseeable result of Defendants’ intentional, negligent, grossly negligent and/or reckless failure to make proper disclosures to the Plaintiff regarding Account #372718126682001 and the willful, intentional and/or reckless providing of false and/or inaccurate information by the Defendants to multiple third parties and other acts described herein, the Plaintiff has suffered and will continue to endure loss of reputation, loss of credit reputation, mental and emotional distress, anxiety, humiliation and embarrassment, all to his detriment in an amount to be determined by this Court at trial.
101. Further, because the Defendants have acted in a manner warranting imposition of punitive damages under the common and/or statutory laws of the Commonwealth of Kentucky, Plaintiff is entitled to an award of punitive damages.
WHEREFORE, the Plaintiff respectfully prays that a judgment be entered against the Defendant(s) for the following:
A. Declaratory judgment that Defendants’ conduct violated the FDCPA and/or the FCRA;
B. Injunctive relief restraining and enjoining Defendant(s), or others on their behalf, from committing further prohibited acts;
C. Actual damages and compensatory damages; and/or
D. Statutory damages pursuant to 15 U.S.C. § 1692k, 15 U.S.C. § 1681n and/or 15 U.S.C. § 1681o;
E. Punitive damages pursuant to 15 U.S.C. § 1681n, state and/or common law;
F. Costs and attorneys’ fees pursuant to 15 U.S.C. § 1692k, 15 U.S.C. § 1681n and/or 15 U.S.C. § 1681o;
G. For trial by Jury on all triable issues; and
For such other and further relief as may be just and proper.
Respectfully submitted,
________________________
REID ALLEN GLASS
P.O. Box 1615
Grayson, KY 41143
606-922-0498
reidglass@bellsouth.net
Counsel for Plaintiff
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COMMONWEALTH OF KENTUCKY
14TH JUDICIAL CIRCUIT
SCOTT CIRCUIT COURT
CASE NO: 08-CI-________
MICHAEL S. MARCUM PLAINTIFF
VS.
AMERICAN EXPRESS TRAVEL RELATED
SERVICES COMPANY, INC., ET AL DEFENDANTS
FIRST INTERROGATIORIES AND REQUEST
FOR PRODUCTION OF DOCUMENTS
*****************
Comes now the Plaintiff, Michael S. Marcum, by and through counsel and
pursuant to Rules 33 and 34 of the Kentucky Rules of Civil Procedure serves the
following First Interrogatories and Request for Production of Documents on the
Defendant, Nationwide Credit, Inc., to be answered under oath within 30 days of service.
These Interrogatories shall be considered continuing, and the Defendant shall have the
duty to supplement their answers up to and including the time of the trial.
IF YOU OBJECT TO ANY INTERROGATORY, PLEASE PROVIDE ALL
INFORMATION RESPONSIVE TO THE UNOBJECTED OR LIMITED PORTIONS
AND IDENTIFY THE LIMITATION.
INTERROGATORY NO. 1: State the full name of each person providing
answers to these interrogatories, state his/her position or affiliation with Defendant, and
whether each said party has authority to answer these discovery requests on behalf of the
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Defendant. Include with your answer, the name, address and telephone number of each
person (exclusive of attorney(s) for Defendant) that was consulted in connection with
providing answers to these interrogatories.
ANSWER:
INTERROGATORY NO. 2: List and identify by full name and job title
or position of each person employed by Defendant on any date between January 1, 2007
through the present that has communicated, or attempted to communicate, with the
Plaintiff and/or reviewed, commented on, managed, or performed any other activities
relating to the collection of any debt from the Plaintiff. Include with your answer, the
following
(a) Whether each such person is a present or former employee, and for each
person that is a former employee, provide the full name, last-known address and
telephone number.
ANSWER:
INTERROGATORY NO. 3: Does Defendant provide training to all new
employees that are, or will be involved in the collection of consumer accounts?
(a) if so, describe the training content, timing and duration; and
(b) if so, describe all documents and audio or visual materials used in such
training.
(c) if so, identify each person involved in providing such training.
ANSWER:
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INTERROGATORY NO. 4: Identify and describe any and all documents
used to describe, record and/or establish Defendant’s methods and techniques to be used
in the collection of consumer accounts.
ANSWER:
INTERROGATORY NO. 5: Describe fully any system(s) Defendant
maintains or operates to record contacts of its employees with consumers or third parties
in connection with the collection of consumer accounts, and Defendant’s policies for
operating such a system.
ANSWER:
INTERROGATORY NO. 6: State the name(s) and address(es) of
Defendant’s liability insurer(s) for the last three years and the dates of coverage, type,
and policy number(s) of each liability insurance policy.
ANSWER:
INTERROGATORY NO. 7: Identify any notices that you have given, or
intend to give, your insurer regarding Plaintiff’s claim.
ANSWER:
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INTERROGATORY NO. 8: Identify the date, time, type (e.g., letter,
telephone call), witnesses to or participants in, and the substance of each contact with a
person other than Plaintiff made in connection with the collection of Plaintiff’s account.
ANSWER:
INTERROGATORY NO. 9: Identify each document, recording and
person furnishing information with regard to your response to the immediately preceding
Interrogatory.
ANSWER:
INTERROGATORY NO. 10: List and explain any and all abbreviations
and codes, letters, numerals, or symbols regularly used by Defendant in its records or
collection activities.
ANSWER:
INTERROGATORY NO. 11: Describe the maintenance of all procedures
utilized by the Defendant to avoid violation of the Fair Debt Collection Practices Act,
Fair Credit Reporting Act and/or state common law.
ANSWER:
INTERROGATORY NO. 12: Identify by caption, court, civil action
number and result, all litigation, including Federal Trade Commission actions, filed
5
against the Defendant alleging violations of the Fair Debt Collection Practices Act in the
five (10) years preceding this action.
ANSWER:
INTERROGATORY NO. 13: List each and every communication between
any representative, agent, officer, or employee of your company and the Plaintiff or
members of his household or his representatives; state the date of the communication, the
author of the communication, the contents of the communication, and whether the
communication was oral or written.
ANSWER:
INTERROGATORY NO. 14: State the names, addresses, telephone
numbers and places of employment of all persons who have factual knowledge regarding
the facts and circumstances involving this lawsuit.
ANSWER:
INTERROGATORY NO. 15: Please provide with specificity, the full
name, address and telephone number of any employees, representatives or agents of your
company, including employees, agents or representatives identifying themselves as Ryan
Rafert, Gary Wilson or Ron (last name unknown), that have attempted to communicate,
or communicated with the Plaintiff. In relation to these employees or agents, please
provide:
(a) the identified employees date of hire and/or separation, if applicable;
6
(b) the identified employees qualifications for their particular job;
(c) any collection related training that the identified employee has received or
attended either prior to, or subsequent to becoming an employee or agent of
the Defendant.
(d) any past complaints and/or policy violations alleged to have been committed
by the identified employee.
ANSWER:
INTERROGATORY NO. 16: Please state whether representatives and/or
agents of your company whose job duties relate to the collection of debts, have electronic
mail (“email”) access, and if so, explain any internal policies regarding the emailing of
collection account related materials to alleged debtors.
ANSWER:
INTERROGATORY NO. 17: Please state with specificity every known
detail of any of Defendant’s communications with Plaintiff including, but not limited to,
telephone communications and state whether any of the communications with the
Plaintiff were memorialized in writing or by correspondence to the Plaintiff.
ANSWER:
INTERROGATORY NO. 18: Please state any and all address and/or
contact information for the Plaintiff that was provided to you by the creditor relating to
the alleged debt, and if all were not received contemporaneously with the original
7
assignment of the alleged debt, state the specific timing or sequence in which you
received each portion of address and/or contact information.
ANSWER:
INTERROGATORY NO. 19: Identify by full name, last-known address
and telephone number of the employee, the employee, agent or representative of
Defendant with the most knowledge of the collection operations of Nationwide Credit,
Inc. during all periods relevant period to this litigation.
ANSWER:
INTERROGATORY NO. 20: Please state whether the Defendant has
conducted an investigation into the facts relating to the claims and issues in this case and
has Defendant conferred with all persons employed by or affiliated with the Defendant or
under their control so that the answers to these interrogatories are accurate and complete?
ANSWER:
REQUEST FOR PRODUCTION OF DOCUMENTS
REQUEST NO. 1: Please produce the original file, and any and all documents,
including, but not limited to, the original file, original file folder, all computer records,
computer printouts, all memoranda, statements, letters, notations, reports, reports of
telephone calls, records of all calls, ledger cards, account cards, or other written
8
memoranda, all communications, tape recordings, electronic recordings, transcripts of all
tape recordings, in Defendant’s possession relating to an alleged account of Plaintiff.
RESPONSE:
REQUEST NO. 2: Please produce any and all collection manuals, all written
procedural instructions and regulations regarding collection activities, all documents,
records, books and manuals pertaining to collection procedures and practices utilized by
the Defendants.
RESPONSE:
REQUEST NO. 3: Please produce a list of each and every person who spoke
with, called or contacted, or was called with reference to the Plaintiffs, including the
names, all assumed names or aliases, addresses, and home and business phone numbers,
the dates they called, the reasons for such call or contact, and what specifically they said
to Plaintiff State the entire, full, and total conversation.
RESPONSE:
REQUEST NO. 4: Please produce any and all computer programs, manuals,
programming guides, programming instructions, or other guidelines implemented by the
Defendants concerning, relating or pertaining to collection procedures implemented by
the Defendants with respect to the computers used in the collection process.
RESPONSE:
9
REQUEST NO. 5: Please produce any and all documents, records, and
memoranda evidencing or relating to any and all training materials for collectors,
including pamphlets, brochures, texts, manuals, electronic recording sand any other
document, item or thing used in the training, monitoring and supervision of telephone
collection personnel.
RESPONSE:
REQUEST NO. 6: Please produce copies of any and all training manuals used
to train employees relating to Fraud, customer service, telephone (however designated),
collections, debt management, Account Manager and the phone department manuals for
the office of the Vice-President.
RESPONSE:
REQUEST NO. 7: Please produce copies of any and all policies, handbooks or
manuals used to train employees in the following departments: Fraud, Customer Service,
Phone (however designated), Collections, Debt Management, Account Manager and the
phone department manuals for the office of the Vice-President.
RESPONSE:
REQUEST NO. 8: Please produce copies of any and all documentation
regarding the Plaintiff’s account indebtedness and any responsibility the Plaintiff may
have on the account.
RESPONSE:
10
REQUEST NO. 9: Please produce copies of any and all manuals dealing with
the issuance of monthly statements, including all manuals that deal with the computer
program for issuing statements, for assuring or accomplishing that statements are not sent
to certain addresses. Include the name of the person most knowledgeable in that
department concerning the procedures and programming of the computer to prevent
statements from being sent repeatedly to addresses that are inaccurate, incorrect or
wherein Defendant has been requested to cease sending communications.
RESPONSE:
REQUEST NO. 10: Please produce copies of any and all computer notes, every
computer screen, every computer entry, every manual that details the computer program
and procedures for entering data, and every instruction material for the computer
operators regarding when to and where to enter information concerning issuance of letters
to debtors on the account.
RESPONSE:
REQUEST NO.11: Please produce copies of the entire and complete
investigation as to Plaintiff’s alleged account indebtedness and any documentation that
the Defendant(s) claim supports their position that Plaintiff is individually liable for
charges placed on the underlying account.
RESPONSE:
11
REQUEST NO. 12: Please produce copies of each and every form collection
letter or standardized letter that is sent to consumers, who are allegedly delinquent, and
any and all guidelines instructions, procedures, manuals and policies relating to when
such collection letters may be sent or should be sent.
RESPONSE:
REQUEST NO. 13: Please produce copies of and originals of all charges, credit
applications, credit authorizations, charge slips, purchase authorizations or any of the
documents by which Defendants assert that the Plaintiff is in any way responsible for the
indebtedness.
RESPONSE:
REQUEST NO. 14: Please produce copies of any and all computer notes, every
computer screen, every computer entry, and the manuals that pertains or relates on how
to, when to, and where to enter information concerning the Plaintiff.
RESPONSE:
REQUEST NO. 15: Please produce copies of each and every note, be it
computer-generated, handwritten, orally recorded or part of a computer screen, noting
each and every communication which in anyway references notes or documents
regarding the Plaintiff or the account made the basis of this lawsuit.
RESPONSE:
12
REQUEST NO.16: Please produce copies of any and all manuals and/or
instructional materials that relate to the policies, procedures and guidelines for entering
data into the above-described computer entry.
RESPONSE:
REQUEST NO. 17: Please produce copies of any and all reports or
communications made by these Defendants to any other person or entity concerning the
account of Plaintiff.
RESPONSE:
REQUEST NO. 18: Please produce copies of each and every document which
concerns any and all alternative payment plans, including the instructional manuals,
literature, procedural manuals or guidelines describing, regarding or pertaining to said
plans, to assist customers in paying for their account.
RESPONSE:
REQUEST NO. 19: The discovery sought herein includes all records and
documents, and the production will include, without limitation, the following:
(a) All manuals, including procedure manuals used in training collectors,
supervisors, assistant and shift managers and collection managers.
(b) Training classes or courses manuals, books, pamphlets and handouts.
Guidelines used in training collectors, managers and supervisors.
13
(c) All collection manuals used in collection procedures, including collection
techniques and collection tactics.
(e) Copy of scripts used by collectors, managers and supervisors, including:
(1) Talk-offs;
(2) Responses and rebuttals used by collectors;
(3) Commission schedules;
(4) Trace-skipping techniques;
(5) Settlement tactics.
(6) Common abbreviations and codes and alias names (real name and
file of collector) used by collectors.
RESPONSE:
REQUEST NO. 20: Please produce any and all insurance policy(ies) which
provide coverage to you concerning the events and objects of this lawsuit.
RESPONSE:
These Requests shall be deemed continuing so as to require further and
supplemental production if Defendants obtain additional documents required to be
produced herein between the time of the initial production and the time of trial.
Respectfully Submitted,
______________________________
Reid Allen Glass, Esq.
Post Office Box 1615
Grayson, KY 41143
reidglass@bellsouth.net
(606) 922-0498
Counsel for Plaintiff
14
CERTIFICATE OF SERVICE
A copy of the foregoing Interrogatories and Request for Production of Documents
was mailed simultaneously with the Complaint by Certified U.S. Mail, this the 13th day of
May, 2008, to the following:
Original to:
Karen Boehm, Clerk
Scott Circuit Court
Copy to:
C. T. Corporation System
Kentucky Home Life Building
239 South Fifth Street
Suite 1511
Louisville, Kentucky 40202
Registered Agent for Defendants
__________________________________
REID ALLEN GLASS
1
COMMONWEALTH OF KENTUCKY
14TH JUDICIAL CIRCUIT
SCOTT CIRCUIT COURT
CASE NO: 08-CI-________
MICHAEL S. MARCUM PLAINTIFF
VS.
AMERICAN EXPRESS TRAVEL RELATED
SERVICES COMPANY, INC., ET AL DEFENDANTS
FIRST INTERROGATIORIES AND REQUEST
FOR PRODUCTION OF DOCUMENTS
*****************
Comes now the Plaintiff, Michael S. Marcum, by and through counsel and
pursuant to Rules 33 and 34 of the Kentucky Rules of Civil Procedure serves the
following First Interrogatories and Request for Production of Documents on the
Defendant, American Express Travel Related Services Company, Inc. (“Amex”), to be
answered under oath within 30 days of service. These Interrogatories shall be considered
continuing, and the Defendant shall have the duty to supplement their answers up to and
including the time of the trial.
IF YOU OBJECT TO ANY INTERROGATORY, PLEASE PROVIDE ALL
INFORMATION RESPONSIVE TO THE UNOBJECTED OR LIMITED PORTIONS
AND IDENTIFY THE LIMITATION.
INTERROGATORY NO. 1: State the full name of each person providing
answers to these interrogatories, state his/her position or affiliation with Defendant, and
2
whether each said party has authority to answer these discovery requests on behalf of the
Defendant. Include with your answer, the name, address and telephone number of each
person (exclusive of attorney(s) for Defendant) that was consulted in connection with
providing answers to these interrogatories.
ANSWER:
INTERROGATORY NO. 2: List and identify by full name and job title
or position of each person employed by Defendant on any date between September 1,
2003 through the present that has communicated, or attempted to communicate, with the
Plaintiff and/or reviewed, commented on, managed, or performed any other activities
relating to the collection of any debt from the Plaintiff. Include with your answer, the
following
(a) Whether each such person is a present or former employee, and for each
person that is a former employee, provide the full name, last-known address and
telephone number.
ANSWER:
INTERROGATORY NO. 3: Please identify all persons known to you
who may have knowledge of facts relevant to this case, including but not limited to all
persons interviewed by you, by your counsel, or by any person cooperating with you in
the defense of this action, and state the subject matter of testimony, giving a brief
description thereof, for each person you may call as a witness in this case. If you intend
to qualify any of these witnesses as experts, please so indicate, giving their areas of
3
expertise, their credentials as experts, the substance of the facts and opinions to which the
expert is expected to testify, and a summary of the grounds for each opinion.
ANSWER:
INTERROGATORY NO. 4: Please state the name, job title, aliases,
current work and home addresses and telephone numbers, and position of each person,
and identify each document referred to or consulted by you in the preparation of your
Answers to these Interrogatories and your response to the Request for Production, and, as
to each such person, and the persons identified in response to Interrogatories No. 1, No.
2, and No. 3 please state whether each such person has ever been convicted either of a
felony, or of a misdemeanor involving moral turpitude, furnishing the nature, date, and
court of any such convictions.
ANSWER:
INTERROGATORY NO. 5: For each factual allegation contained in the
Complaint which you do not unequivocally admit, state with detail and particularity the
factual basis for your failure to do so, the efforts undertaken by you to ascertain the truth
of said allegation, identify all documents related or relevant to said allegation or your
basis for not so admitting, and identify all persons with knowledge of the fact or of your
basis for not so admitting.
ANSWER:
4
INTERROGATORY NO. 6: State the name(s) and address(es) of
Defendant’s liability insurer(s) for the last three years and the dates of coverage, type,
and policy number(s) of each liability insurance policy.
ANSWER:
INTERROGATORY NO. 7: Identify any notices that you have given, or
intend to give, your insurer regarding Plaintiff’s claim.
ANSWER:
INTERROGATORY NO. 8: Please describe fully any system(s) and/or
procedures Defendant maintains or operates to record the reporting of consumer accounts
to any national credit bureau or consumer reporting agency(ies), and Defendant’s policies
for operating such a system.
ANSWER:
INTERROGATORY NO. 9: Identify each document, recording and
person furnishing information with regard to your response to the immediately preceding
Interrogatory.
ANSWER:
INTERROGATORY NO. 10: List and explain any and all abbreviations
and codes, letters, numerals, or symbols regularly used by Defendant in its reporting of
consumer accounts to any national credit bureau or consumer reporting agency..
5
ANSWER:
INTERROGATORY NO. 11: Please describe the maintenance of all
procedures utilized by Defendant to avoid violations of the Fair Credit Reporting Act
and/or state common law.
ANSWER:
INTERROGATORY NO. 12: Please identify by caption, court, civil action
number and result, all litigation, including Federal Trade Commission actions, filed
against the Defendant alleging violations of the Fair Credit Reporting Act in the ten (10)
years preceding this action.
ANSWER:
INTERROGATORY NO. 13: List each and every communication between
any representative, agent, officer, or employee of your company and any third party
regarding American Express Business Platinum Account #372718126682001; state the
date of the communication, the author of the communication, the contents of the
communication, and whether the communication was oral or written.
ANSWER:
INTERROGATORY NO. 14: State the names, addresses, telephone
numbers and places of employment of all persons who have factual knowledge regarding
the facts and circumstances involving this lawsuit.
6
ANSWER:
INTERROGATORY NO. 15: Please provide with specificity, the full
name, address and telephone number of any employees, representatives or agents of your
company that have attempted to communicate, or communicated with the Plaintiff
regarding any aspect of American Express Business Platinum Account
#372718126682001. In relation to these employees or agents, please provide:
(a) the identified employees date of hire and/or separation, if applicable;
(b) the identified employees qualifications for their particular job;
(c) any credit related training that the identified employee has received or
attended either prior to, or subsequent to becoming an employee or agent of
the Defendant.
(d) any past complaints and/or policy violations alleged to have been committed
by the identified employee.
ANSWER:
INTERROGATORY NO. 16: Please state whether representatives and/or
agents of your company whose job duties relate to the reporting of consumer accounts to
consumer reporting agencies, have electronic mail (“email”) access, and if so, explain
any internal policies regarding the use of email accounts in relation to alleged delinquent
accounts.
ANSWER:
7
INTERROGATORY NO. 17: For each affirmative defense which you
have asserted or will assert to the Complaint, state with detail and particularity it’s factual
and/or legal basis and identify all evidence on which you rely in asserting it, and identify
all documents related or relevant to it and all persons with knowledge of its factual
predicate.
ANSWER:
INTERROGATORY NO. 18: With regard to the underlying debt of Shane
Marcum Ford, LLC for which the Plaintiff is allegedly obligated, please itemize each
individual charge, amount, late fee, or other cost that together represents the amount that
Defendant claims is due totaling $2901.91.
ANSWER:
INTERROGATORY NO. 19: Please identify by full name, last-known
address and telephone number of the employee, the employee, agent or representative of
Defendant with the most knowledge of Defendant’s agreement, business transactions
and/or relationship with Defendant Nationwide during any period relevant to this
litigation.
ANSWER:
INTERROGATORY NO. 20: Please describe Defendant’s procedures and
policies with respect to the maintenance, preservation, and destruction of documents,
stating in your answer whether any documents or things relating to any information
8
requested in these interrogatories, or related in any way to this lawsuit, have ever been
destroyed or are no longer in your custody. For each such document, please identify the
document, how, when and why each document was destroyed or otherwise left your
control, the identity of any person who participated in any way in the destruction and/or
action for destroying the document or to transfer it out of your control or custody; and if
the document still exists, identify the person now having control or custody of the
document.
ANSWER:
INTERROGATORY NO. 21: Please identify the date, recipient, and
content (as recorded by Metro or Metro 2 data) of occurrence during the preceding three
years in which you reported credit data regarding Plaintiff. If you have reported such
data, state whether such reportings were made pursuant to an express or written
authorization by you for the relevant consumer reporting agency to report that data.
ANSWER:
INTERROGATORY NO. 22: Identify by name, home address, telephone
number, social security number, and date of birth each individual employed by Plaintiff
in preceding three (3) years who participated in and/or supervised reinvestigations of
credit data reported to any consumer reporting agency for you. Include in your answer a
description of the individual’s job title, qualifications and the dates of employment of
each identified individual.
ANSWER:
9
INTERROGATORY NO. 23: In light of the allegations, please identify
each action taken by you in verifying the credit information relating to Plaintiff which
was not taken intentionally with full knowledge of your obligations and Plaintiff’s rights
under the Fair Credit Reporting Act.
ANSWER:
INTERROGATORY NO. 24: Please explain in detail Defendant’s
procedures for reinvestigating consumer disputes of any account and consumer credit
data forwarded by the national consumer reporting agencies for Defendant’s response.
ANSWER:
INTERROGATORY NO. 25: If the Defendant denies that any of your
credit reportings about Plaintiff, as complained of in his lawsuit, were false, please
explain and describe, in the greatest degree of detail, what facts and evidence the
Defendant believe exists to support your belief and identify any witnesses who you
believe will support or testify in support of your belief.
ANSWER:
INTERROGATORY NO. 26: With respect to any information and data the
Defendant furnished to the CRAs regarding the alleged debt, state for each CRA:
(a) state with particularity each piece of information, including
updates, that you furnished;
10
(b) the date that the information about the alleged debt was furnished
by you; and
(c) the manner by which the information was conveyed, including, the
identification of any computer hardware and software or other medium by
which the information was transmitted and its location.
ANSWER:
INTERROGATORY NO. 27: Please explain and describe Defendant’s
specific allocation, in percentages and dollar amounts, of Defendant’s resources
committed to reinvestigation of consumer disputes and specifically describe the amount
per dispute which you have budgeted to resolve credit reporting disputes from consumers
in each of the preceding three years.
ANSWER:
INTERROGATORY NO. 28: Please state the basis for Defendant not
reporting any information relating to American Express Business Platinum Account
#372718126682001 to the Plaintiff’s national credit reports prior to Defendant asserting
that the referenced account had become delinquent.
ANSWER:
INTERROGATORY NO. 29: Please provide the name(s), address(es) and
telephone number(s) of each individual whom Defendant has pursued collection activities
against in the preceding ten (10) years, alleging individual liability or personal
11
responsibility for charges placed on Business and/or Corporate Card accounts.
ANSWER:
INTERROGATORY NO. 30: Please state whether the Defendant has
conducted an investigation into the facts relating to the claims and issues in this case and
has Defendant conferred with all persons employed by or affiliated with the Defendant or
under their control so that the answers to these interrogatories are accurate and complete?
ANSWER:
REQUEST FOR PRODUCTION OF DOCUMENTS
REQUEST NO. 1: Please produce the original file, and any and all documents,
including, but not limited to, the original file, original file folder, all computer records,
computer printouts, all memoranda, applications, statements, letters, notations, reports,
reports of telephone calls, records of all calls, ledger cards, account cards, or other written
memoranda, all communications, tape recordings, electronic recordings, transcripts of all
tape recordings, in Defendant’s possession relating to the account referenced herein.
RESPONSE:
REQUEST NO. 2: Please produce any and all credit reporting manuals, all
written procedural instructions and regulations regarding credit reporting activities, all
documents, records, books and manuals pertaining to credit reporting procedures and
practices utilized by the Defendants.
12
RESPONSE:
REQUEST NO. 3: Please produce a list of each and every person who spoke
with, called or contacted, or was called with reference to the Plaintiffs, including the
names, all assumed names or aliases, addresses, and home and business phone numbers,
the dates they called, the reasons for such call or contact, and what specifically they said
to Plaintiff. Please state the entire, full, and total conversation.
RESPONSE:
REQUEST NO. 4: Please produce any and all computer programs, manuals,
programming guides, programming instructions, or other guidelines implemented by the
Defendants concerning, relating or pertaining to credit reporting procedures implemented
by the Defendant with respect to the computers used in the credit reporting process.
RESPONSE:
REQUEST NO. 5: Please produce any and all documents, records, and
memoranda evidencing or relating to any and all training materials regarding credit
reporting, including pamphlets, brochures, texts, manuals, electronic recording sand any
other document, item or thing used in the training, monitoring and supervision of credit
reporting personnel.
RESPONSE:
13
REQUEST NO. 6: Please produce copies of any and all training manuals used
to train employees relating to Fraud, customer service, telephone (however designated),
credit reporting, debt management, Account Manager and the phone department manuals
for the office of the Vice-President.
RESPONSE:
REQUEST NO. 7: Please produce copies of any and all documentation
regarding the underlying account that identifies any responsibility the Plaintiff may have
on the account.
RESPONSE:
REQUEST NO. 8: Please produce copies of any and all manuals dealing with
the issuance of monthly statements, including all manuals that deal with the computer
program for issuing statements, for assuring or accomplishing that statements are not sent
to certain addresses. Include the name of the person most knowledgeable in that
department.
RESPONSE:
REQUEST NO. 9: Please produce copies of any and all computer notes, every
computer screen, every computer entry, every manual that details the computer program
and procedures for entering data, and every instruction material for the computer
operators regarding when to and where to enter information concerning credit reporting
relating to the account.
14
RESPONSE:
REQUEST NO.10: Please produce copies of the entire and complete
investigation as to Plaintiff’s alleged account indebtedness and any documentation that
the Defendant(s) claim supports their position that Plaintiff is individually liable for
charges placed on the underlying account.
RESPONSE:
REQUEST NO. 11: Please produce copies of each and every form dispute
reinvestigation letter or correspondence, and any and all guidelines instructions,
procedures, manuals and policies relating to when such correspondence or letters may be
used or should be sent.
RESPONSE:
REQUEST NO. 12: Please produce copies of any and all originals of all
charges, credit applications, credit authorizations, charge slips, purchase authorizations or
any of the documents by which Defendants assert that the Plaintiff is in any way
responsible for the indebtedness.
RESPONSE:
REQUEST NO. 13: Please produce copies of any and all computer notes, every
computer screen, every computer entry, and the manuals that pertains or relates on how
to, when to, and where to enter information concerning the Plaintiff.
15
RESPONSE:
REQUEST NO. 14: Please produce copies of each and every note, be it
computer-generated, handwritten, orally recorded or part of a computer screen, noting
each and every communication which in anyway references notes or documents
regarding the Plaintiff or the account made the basis of this lawsuit.
RESPONSE:
REQUEST NO.15: Please produce copies of any and all manuals and/or
instructional materials that relate to the policies, procedures and guidelines for entering
data into the above-described computer entry.
RESPONSE:
REQUEST NO. 16: Please produce copies of any and all reports or
communications made by these Defendants to any other person or entity concerning the
account of Plaintiff.
RESPONSE:
REQUEST NO. 17: Please produce copies of each and every document which
concerns any and all alternative payment plans, including the instructional manuals,
literature, procedural manuals or guidelines describing, regarding or pertaining to said
plans, to assist customers in paying for their account.
RESPONSE:
16
REQUEST NO. 18: The discovery sought herein includes all records and
documents, and the production will include, without limitation, the following:
(a) All manuals, including procedure manuals used in training personnel
assigned to credit reporting related duties, supervisors, assistant and shift
managers and department managers.
(b) Training classes or courses manuals, books, pamphlets and handouts.
Guidelines used in training managers and supervisors regarding credit reporting.
(c) All credit reporting manuals used in credit reporting procedures, including
disputes and reinvestigations.
RESPONSE:
REQUEST NO. 19: Please produce any and all insurance policy(ies) which
provide coverage to you concerning the events and objects of this lawsuit.
RESPONSE:
REQUEST NO. 20: Any and all documents or communications sent to or
received from consumer reporting agencies Equifax, Trans Union and/or Experian
relating in any way to the Plaintiff.
RESPONSE:
REQUEST NO. 21: Any and all documents related to any response or
referenced in any response to any of the above Interrogatories and/or that the Defendant
intends to introduce at trial in this matter.
RESPONSE:
17
These Requests shall be deemed continuing so as to require further and
supplemental production if Defendants obtain additional documents required to be
produced herein between the time of the initial production and the time of trial.
Respectfully Submitted,
______________________________
Reid Allen Glass, Esq.
Post Office Box 1615
Grayson, KY 41143
reidglass@bellsouth.net
(606) 922-0498
Counsel for Plaintiff
CERTIFICATE OF SERVICE
A copy of the foregoing Interrogatories and Request for Production of Documents
was mailed simultaneously with the Complaint by Certified U.S. Mail, this the 13th day of
May, 2008, to the following:
Original to:
Karen Boehm, Clerk
Scott Circuit Court
Copy to:
C. T. Corporation System
Kentucky Home Life Building
239 South 5th Street, Suite 1511
Louisville, Kentucky 40202
Registered Agent for Defendants
__________________________________
REID ALLEN GLASS
