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     | Tuesday, August 22, 2000 - 01:48 pm  UPDATE: August 11, 2000 From Denise Richardson, empdata@javanet.com To all of you who have emailed, called and posted on various web sites with kind words of support throughout our long battle seeking accountability with Fleet Bank and the Credit Bureaus, my thanks and appreciation cannot possibly be expressed with words. It was your letters and support that often gave me the strength to continue when I needed it most. Since there are too many of you to individually email and keep you up to date as promised, I decided to update with this post. As of this date, we have signed a Settlement Agreement with both Fleet National Bank and Portfolio Recovery Associates and we have a verbal agreement to settle with both Experian and TransUnion to be signed within a week. Equifax is the only defendant remaining in our Federal case in which the court date, to the best of my knowledge, will be sometime early 2001. I am not precluded from discussing the merits of the case or anything leading up to it. I am however under a "gag" in releasing the amounts settled on and the terms of the Settlement Agreements. Fleet has authorized me to state the following "Fleet regrets any difficulty suffered by the Richardsons in connection with this matter and reiterates its commitment to ensuring full compliance with all state and federal laws pertaining to consumer data reporting". We acknowledge Fleet’s commitment to ensuring the accuracy of consumer data reporting and hope that this first step will serve as an impetus throughout the industry. Many of you have commented on the fact that I have not been posting on the public boards for awhile and my once loud, vocal voice had been unusually silent. There was a reason for that silence. The CRAs and creditors monitor these boards. In one of my many depositions I was asked to provide them with every name of every person I ever spoke to regarding this case as well as every email I ever sent or received. Of course, an impossibility since I have been a victim of continual errors by the creditor for 8 ½ years and 5 ½ of those years with the CRAs. Then, what I find unconscionable and a precedent that cannot be set is the invasion of not only my privacy but also yours! Fleet filed a motion for not only my emails and posts, but my hard drive as well. I have absolutely nothing to hide but I have privacy and Constitutional rights that I would not allow them to take from me. I have no business relationship with them, nor am I an employee of theirs. I am simply a consumer who has freedom of speech, an absolute right to privacy and the right to hold them accountable in a court of law after exhausting all other attempts to force them to adhere to the laws. I was equally upset at the prospect of being forced into intruding on innocent consumers privacy rights by releasing private emails that were sent to me. Some of you told me of your own cases and/or the fact that you were contemplating a case and I would never feel right in betraying that confidence. I find it ironic that for years I have attempted and fought to stop them from defaming me and their fight seemed to be simply to stop me from telling the truth! Additionally, I believe the only reason they wanted my emails and hard drive was for the purpose of finding out how many other innocent consumers or attorneys could potentially be either a witness or provide proof that my case was not "unique" but rather a large systemic problem. If a consumer was forced to turn over their hard drive and emails from or to consumers who had every right to expect privacy it would have a "chilling effect" on our constitutional rights. I have, unfortunately, had my eyes opened on several levels and learned many lessons on the legal system, the industry itself and the lack of knowledge that both consumers (myself included) and attorneys not practicing in consumers issues, have regarding these types of cases. I have heard from many of you that the single most difficult experience is finding an attorney that is knowledgeable in these types of cases and can afford to go up against Goliath corporate law firms without bankrupting their small firm. Secondly, we all know the extreme frustration, exhaustion and anxiety we go through trying to get the creditors and cra’s to hear our complaints and take corrective action after numerous letters and phone calls go unheard and unanswered. Throughout this ordeal, I kept being haunted by thoughts and questions of how could I turn something so damaging and intrusive in my life into something good? How could I make a difference using the knowledge I have gained through this experience and apply it where needed? How could I heal? I want to make a difference in assisting consumers who are victimized by Goliath creditors and the credit bureaus and network them with "consumer" attorneys who understand this area of law but may not be able to afford the enormous costs associated with the bombardment of paperwork involved in a lawsuit up against rich corporate law firms. Here is how it can be done… Watch for soon: CONSUMER GUARDIAN NETWORK, INC. Help fulfill our goal of providing equal access for equal justice under the law. The organization is to be started with a portion of the very funds received from the settlement received in this case and any verdict awarded in our continuing case with Equifax. Their own money will be used to hold them accountable. Dale Hartley of Consumerama and ClashAction.com and I have joined forces to fight for equal legal justice for consumers in need. (Besides operating those websites, he's a consumer affairs consultant to the U. S. Department of Defense). We want to hear your stories and complaints you have if false, damaging, inaccurate credit reporting has unfairly victimized you. If you have taken the appropriate steps under the Fair Credit Reporting Act and notified the CRA’s and the Creditors involved and your complaints are not resolved we want to hear from you. If inaccurate information has been deleted and magically returns to haunt you, we want to hear from you! ------------------------------------------------ Consumer Guardian Network, Inc. will be a non-profit corporation established for the purpose of helping consumers in need of information and/or legal representation by an experienced or knowledgeable consumer attorney. We are attempting to balance the scales of justice by providing funds to consumers in need and consumer attorneys that can not afford the mega expenses involved when corporate law firms who have deep pockets force many attorneys to either settle for less than they should or turn the case away based on the knowledge that their practice can not sustain the expenses involved in litigation. ------------------------------------------------ The Consumer Guardian Network will offer consumer news, alerts, informational sources, seminars, governmental and legislative updates and assistance in many areas. We will compile a database that can be used to prove any "pattern of abuse" by these corporations. Attorneys interested in using the database or interested in your case and our cause can continue to build the funds to keep our mission alive by agreeing to donate a percentage of any settlement or award in their case if successful. These funds would come from attorney fees and not the consumer’s pocket. We want to network those in need with those that can make a difference. What we ask of others that support our cause is to help us keep this dream alive, even if it is only by word of mouth to raise awareness that we exist. If you know someone who is a victim of inaccurate credit reporting please let them know of our organization. Whether it is monetary, time, your professional services or just recommending our organization to people in need, you will know exactly where your services or monetary donations were utilized and be kept informed of the progress of CGN and the people whose lives you made a difference in. We will be seeking professionals that will be willing to give telephone or in person consultations, write informative articles or simply forward information that could be useful to our organization. We will be seeking stories and referrals of people in need, making decisions on how we can best assist either monetarily or by using our resources to find the right person that can help them. We will offer T-shirts for sale on our site, to both raise money to keep our fund growing, and raise awareness that we exist. You could make a difference simply by wearing a T-shirt that someone in need may see. It is our hope that as we unite and have our voices heard a change in this industry would be inevitable. They will be forced to adhere to the consumer protection laws. Since they are making huge profits by selling OUR information, it must then be accurate information! Identity theft, false and defamatory information inaccurately reported or maintained, destroys our reputations and turns our lives into a living nightmare and has a costly effect on our economy as well. We need to raise awareness with both consumers and consumer attorneys and advocates and include experts and legal professionals in every state. We ask consumer advocates to remember us and refer both consumers and attorneys interested in assisting consumers, to CGN and help raise awareness. As our organization grows, we would like to set up committees of volunteers who can assist in fund raising, providing governmental and legislative updates, etc. and do whatever we can to help victims through utilizing all our resources. There is so much that can be accomplished simply by uniting and pooling resources which will afford consumers better access to equal justice. Again, thank you for the thousands of posts, phone calls and emails with your kind words and support, it means more to me than I have words to express. Consumer Guardian Network is being formed as a direct result of the outpouring of support you have shown, which means you made a difference without even knowing it! Watch for our site soon, and feel free to email me with any comments or questions, anytime at empdata@javanet.com Sincerely, Denise Richardson, Greenfield, MA
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| | Tuesday, August 22, 2000 - 02:22 pm I was so thrilled when I got Denise's e-mail last night. Of course I'm very happy for her settlement, Denise had to endure extreme pressure and stress due to the litigation. With only Equifax remaining in the law suit, I hope her life will return to "normal." I know what it's like to have to deal with lawyers, although I cannot even imagine living Denise's nightmare, YEARS of credit disputes and litigation. I am absolutely thrilled about Denise's Consumer Guardian Network. 99.9% of all people complain about their problem, but as soon as their own *immediate* problem is resolved, they go back to drinking beer and watching TV. And I can't blame them. It's just so frustrating, dealing with legislators, politicians and lawyers, knowing that you're nobody, with no impact whatsoever. I'm really hoping that the Consumer Guardian Network will make it possible for consumers to SUE creditors and CRAs for violating the FCRA as well as defamation, injury, etc. Denise is currently dealing with the organizational chores and hopes to have the non profit set up within a few weeks. I'll certainly do whatever *I* can to support Denise and the Consumer Guardian Network. I know that there won't be a shortage of consumers who want to sue.
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| | Tuesday, August 22, 2000 - 05:31 pm ---they go back to drinking beer and watching TV. Yes, LOTS of beer, nachos and can I have a double tequila after? I NEED to watch Survivor tomorrow night to relieve my stress! All kidding aside, kudos to Denise for having 'the guts' to not only resolve her own situation but to turn around a severe negative situation to help others. I feel that this sense of community and taking action is our purpose in life, and many good people would probably agree with me. And kudos to you too, Christine, and the many other ones who post here sincerely trying to help people through the 'shadow world' of the credit industry. It's facsinated and perturbed me ever since I was a kid.
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