Suing Fair Isaac in "real" court - filed 3/19/03

Christine,

Just off the top of my head, I would suggest suing Fair Isaac, Cap 1, and all the credit bureaus for Defamation and Civil Conspiracy, via a class action suit limited to Arizona.

You couldn't do it nationwide because defamation and civil conspiracy laws vary from state to state, and you need a uniform appliable law for a nationwide class action.

Fraud wouldn't work, because there is no detrimental reliance on the part of the injured parties.

With the Defamation you can get the punitive damages. The Civil Conspiracy would allow for joint and several liability.

However, these will be hard to stick.

Plus, this would likely get removed to Federal Court under diversity jurisdiction unless you can figure out a way to sue an Arizona resident business as well.

Also, you will need to have an attorney for a class action. As well as party representatives for the class. Class actions can't be done pro se.

Just some thoughts...

I didn't get to read your posting until after I got back from filing in Phoenix, so your suggestions are too late for THIS filing, but who knows, I may amend my complaint or refile.

I'm not really expecting for my suit to accomplish anything other than to create publicity and awareness, and hopefully attorneys nationwide will pick up a few ideas.

I think I did sue Fair Isaac for defamation, and Civil Conspiracy sure sounds great! Now I just need to figure out what it is :)

Of course I'll publish what happens, the answers, etc. and it certainly would be great to have a "new and improved" version of my complaint.

I couldn't believe how long the complaint got, but I wanted to be very specific so that nobody can claim that it's a frivolous complaint.

And hopefully journalists and legislators can understand the complexity of credit reporting and scoring. The challenge is getting anybody to read the 66 pages.

Late night on the 17th I started piecing the individual sections together, and I was afraid the clerk would refuse the filing because it's too long. They did tell me on the phone that there is no limit to the number of pages, but 66 pages is a lot.

On the 18th I finally printed it out and read through the whole thing, and I asked myself how I even make it out of bed every day to continue the struggle, fight their incompetence.

If nothing else, the "regulators" will never be able to claim that they didn't know what they're doing to the American people, the FTC, FCC and the Federal Reserve Bank of Richmond are named defendants.

I meant to post the rest of the complaint last night, but couldn't work myself up to looking at it. The last 3 days I woke up dreaming about it. But I'll try to post the rest later.

And of course I'll add the documention, screenshots of how the accounts are reported by the CRAs, the resulting scores, documentation submitted by readers, etc.

Going to plant some flowers now!

Christine,

I have read a little of your various forums in the last few months. I am an "outsider" here, but I really admire your efforts. I know that our credit reporting system is terrible and I sincerely hope that your efforts cause a reform to the industry.

I don't know all your motivations. I don't know your background. I do know you have a huge uphill battle, but I hope you prevail.

Best of luck!

--- conspiracy just means that more than one party is involved, who have made collective efforts unto the same violations of law, in this case, civil liberties. in criminal court, it's called racketeering, or "organized crime." a bookie who threatens because you can't pay gambling losses debt commits a crime, but once his cronies visit you, there are now two legally independent entities involved in that crime, and it becomes a much more serious charge.

civil conspiracy here is a non sequitor-- the very reasons why i've been unable to go after the likes of {UN} fair isaac, fannie, freddie, and/or any of the other parties responsible for my losses is just that-- there would be many more than just one defendant, all of whom could have my case thrown out just by pointing fingers at one another. in order to orchestrate such a suit, i would have to file against EVERY defendant and/or name some as party to the defendant in the primary action, such as wells fargo for denying my mortgage application because fannie and freddie have FICO score requirements i failed to meet, disclosed this fact to me, but could not define what comprises my score, having no access to that information themselves.

many of the laws supporting your cause exist at the federal level, which often supercede state law, or you'll find out the hard way that there is no provision to address the issue in your state at all. if the violation at hand is of a federal nature, all a good defense attorney has to do is to find one hole, and the case will either be dismissed or referred into federal court, where you start all over again.

my legal staff has advised me to sit on the sidelines until motions still pending in federal court in philadelphia are heard and ruled upon. the magnitutde of actual damages i have suffered make me an ideal model for a new class action should the present efforts come to naught, or i'll save my ammunition and go in outside of the class if the current motions succeed. meanwhile, my research continues-- i can define and delineate macroeconomic function of a marxist superimposition over a formerly free market enterprise; i can prove, in theory as well as in practise, total abrogation of indvidual rights and civil liberties, and educate any impartial jury as to how FICO scoring works beautifully in the interests of those whom it serves, namely its customers alone; ie end product users. when has any average consumer had occasion to make use of {UN}fair isaac's products or services? i'll tell you when-- since they started selling us their damn scores at $12.95 a pop, that's when. who gets rich off this policy, and why should we have to PAY for it? the answer is:-- {UN} fair isaac! makes $12.95 each time around, leaching off consumers only as the california legislature mandated disclosures of these arbitrary numbers. since FICO bedded the fed in 1996, it was their contention that we mere plebes were too dimwitted to understand what goes into calculating credit scores; the formulae were too complicated. federal law has gifted creditors the right to say No or to jack up rates based upon something nobody has the right to even question-- how now do you think the industries who stand to profit megabuxly would take ahold of that idea?? i'll tell you:- exactly as they have. FICO causes defaults and encourages bankruptcy. to offset costs to the credit industries, a tiered series of penalties has been built into the construct, something our dear friends in san rafael have denied and denied some more, until it was shoved under everybody's noses-- today you can see it right on their website. the deeper i dig, the more foul what i uncover is becoming; it will soon be available in the website i've been trying to develop over the past few years. i've bled $300,000 unto this abomination, so i plan to present my case in the most public of all forums [the internet] with links and references to every person, site, or study to which i draw inference-- this with my glorious C- in economics 101 at harvard. i dare say, i may not hold a candle in mathematics or computer sciences to the likes of craig watts, thomas grudnowski, or barry [sic] out there in san rafael, as my specialty is linguistics, though i can easily write everything up in french, german, and italian-- also portuguese and polish with a minimal amount of assistance. sorry i don't speak spanish. this i will do as a public service to perhaps spare europe the suffering FICO has brought about here in its country of origin. i can prove a purist marxist theory, construct, and application of FICO scoring models, overlaid under federal sanction upon the mortgage and consumer lending industries-- even now spreading to insurance and utility services; how long before it determines who gets life saving medical treatment and who is wheeled out on a stretcher next to the hospital dumpster to die?? FICO scoring grades rights and worthiness upon patently defective computer programs, and NO ONE, not even those who ascribe to this, knows how it works. the reason why they don't care is because they are profiting from it, to the tune of trillions of dollars, leached from everyone. today we are no longer human beings:-- as in auschwitz, we are once again numbers and blind statistics. nothing more. so sad....

ps... a spell check would be so...... helpful here, so i could use my 30 minutes of editing time to review the content instead of taking out typos--- thanks christine, you're great--:)*

Cismo wrote:

"I don't know all your motivations. I don't know your background. I do know you have a huge uphill battle, but I hope you prevail.

Best of luck!"

Thanks, I'll need all the luck there is. I don't expect to "win" anything, I'm just publishing what happens, and then it's for the next person to do a better job. Not being a lawyer I don't have a snowball's chance in hell.

Have to say that it sure is nice not to be under any pressure :)

And Doug, don't worry about spellchecking, but how about hitting the ENTER key occasionally? :)

Here's a tip:

Write you posting in your favorite software and then copy/paste.
I do that with ALL my LONG postings, like to save occasionally too.

And it's really too bad that I didn't have time for the Fair Isaac quiz, would have liked to see the questions.

Their whole myfico site is so OBVIOUSLY one huge consumer milking operation, I honestly can't spend much time there.

It's as close to making me physically ill as I ever got looking at a web site.

If you followed the blog at http://www.creditsuit.org/ (http://) you know that Fair Isaac was dismissed for jurisdiction.

I have concentrated on ENFORCEMENT of the FCRA by the regulators and there is no doubt whatsoever that the regulatory agencies KNOW that a large percentage of consumers (at LEAST 30%) have artificially low FICO scores due to incorrect and incomplete credit reporting.

I link my FTC/FCC and Federal Reserve Bank filings at the blog. James McAfee, the VP and General Counsel for the FRB Richmond submitted an affidavit claiming that he didn't understand my 11/02 complaint about Capital One's refusal to report the credit limits and lowering the credit scores. McAfee essential declared that he is stupid. McAfee has no pride - he'll do anything to prevent a fair credit reporting system.

Of course they were also all dismissed, but that doesn't mean that I'm done with them. I continue to demand FRCA enforcement from McAfee, I just haven't had time to post it all.

I also finally sent out my first press release: Consumer sues Bank One/First USA for Deliberate Violations of the Fair Credit Reporting Act (http://emediawire.com/releases/2004/3/emw113432.htm)

Bank One deliberately reports discharged accounts as charge-offs with a delinquent balance. The OCC, their regulator, does nothing. The judge recently DISMISSED all of Randy's claims, it is most bizarre. He plans to appeal, and he is one of the very FEW people who can litigate the Bank One credit reporting because they bought the discharged account. Bank One originated accounts come with the ARBITRATION clause - the death of justice.

The press release was accessed over 34,000 times and over 1,700 media outlets received it and many linked or republished it. And it cost me only $41!

Hopefully I'll soon get press releases out about Mr. McAfee's continuing refusal to enforce the FCRA and the many other issues. It just takes a lot of time to write the copy and to prepare the attached screenshots.

I had to move to my own server recently and it takes considerable time learning server admin, even had to upgrade this *closed* forum because the new mySQL didn't like the old version.

At this point I can't possibly consider suing Fair Isaac again, but *somebody* needs to file that RICO suit.

Most of my and the defendants' filings are posted at CreditCourt (http://forum.creditcourt.com/discus/messages/803/803.html) and I will post everything including all exhibits whenever I get to it.

The filings establish that Fair Isaac, the CRA CEOs, Capital One and the so-called regulators are fully aware of the tremendous damages caused by the bizarre scoring system and incomplete and incorrect credit reports.

I also purchased, scanned and posted many of the filings in Thomas v. TU (5.3 MILL jury verdict) (http://forum.creditcourt.com/discus/messages/15/552.html) - since I don't have any legal skills I just have to copy what the lawyers do. Also ordered the recent Johnson v. MBNA filings from the district and appeals court, that's next. I hope that many consumers will file their own suits.

Hopefully soon I'll get to discovery. It's really too bad that I don't have any funds for depositions, there's so much I'd like to ask.