I filed suit against Experian.

These people are arrogant jerks. I filed in small claims 62 violations of the fcra against their company. I did it knowing they would fight to move it to federal court but I want to see how they move this. They are so predictable it is laughable. My favorite part is after 2 months of crap they finally agreed and sent a letter telling me to send in the disputes. On wendnesday I called and the lady said she would 'think' about it and decide by friday if she wanted to comply. I tell myself enough is enough they are screwing with me so I file. that night they cut off my credit report. There is no way they knew about the lawsuit yet so it is obvious she did it to keep me from checking my report and complaining again. Experian likes to say the violations were a result of a clerical error. My dozen faxes and her letter ends that little charade. I am gonna subpoena her and make her come from texas to ohio. This lady is a piece of crap and deserves what is coming to her.

FYI - Vicarious Liability- Vicarious liability imposes liability on one person for a tortious act committed by another.

Respondeat Superior

Under the doctrine of respondeat superior, an employer is liable for an employee's torts, including intentional torts, if the employee was acting within the scope of employment. To establish that the employee's conduct was within the scope of employment: (1) the conduct must have occurred substantially within the time and space limits authorized by the employment; (2) the employee must have been motivated, at least partially, by a purpose to serve the employer; and (3) act must have been of a kind that the employee was hired to perform.

Good Luck.

"that night they cut off my credit report."

What exactly happened?

"I am gonna subpoena her and make her come from texas to ohio."

I thought you filed in small claims?

I can assure you that Experian could not care less where they fly their people to - in my case Carla Blair flew twice to Vegas to rent a car and drive to Kingman, AZ. For her it's just another paid sightseeing trip. For Experian it's a very minor expense - part of doing business.

Whyspers did a great job getting her check, but if you're in small claims, I doubt it'll be worth your hassle.

Anyway, post some more info.

I will post some new info later as it is kinda early in the morning but even though it is in small claims now you know experian will never allow it to stay there.

More direction regarding my prior post;

Go to: http://www.law.emory.edu/6circuit/may98/98a0157p.06.html


Jones v. Federated Financial

I called kim hughes. She was nice but only handles the lawsuits and not small claims. Since experian will move the case out of small claims I hope she has more brains than carla blair who is pathetic. She actually told me a hard inquiry is always correct and creditors never pull your report by accident. hahahahaha. She then told me experian does not investigate inquiries. I wonder how they will like my letter from one creditor stating the inquiry was pulled by accident and when they called experian that company refused to delete. Then of course there is the letter from experian asking which inquiry I would like to dispute. These guys have shot themselves in the foot.