Credit Report Errors
JP MORGAN CHASE & CO DEPOSITION
04/22/2014
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 13-62099-CIV-SCOLA
JOHN CASSARINO,
Plaintiff,
vs.
EXPERIAN INFORMATION
SOLUTIONS, INC.,et al.,
Defendants.
_______________________________/
CONSUMER LAW ORGANIZATION, P.A.
2501 HOLLYWOOD BOULEVARD
SUITE 110
HOLLYWOOD, FL 33020
April 22, 2014
10:03 a.m. - 1:01 p.m.
DEPOSITION OF SCOTT SAYRE
REPORTED BY:
MICHELE PEREZ, COURT REPORTER
NOTARY PUBLIC, STATE OF FLORIDA
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1 APPEARANCES OF COUNSEL
2 On behalf of the Plaintiff:
3 DENNIS CARD, ESQUIRE
CONSUMER LAW ORGANIZATION, P.A.
4 2501 HOLLYWOOD BOULEVARD
SUITE 110
5 HOLLYWOOD, FL 33020
6 On behalf of Defendant JP MORGAN CHASE & CO:
7 STEPHANIE L. MCALISTER, ESQUIRE
WARGO FRENCH, LLP.
8 201 S. BISCAYNE BOULEVARD
SUITE 1000
9 MIAMI, FL 33131
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1 INDEX OF EXAMINATION
2 THE WITNESS: Scott Sayre PAGE
3 Direct Examination, by Mr. Card 5
4 Cross Examination, by Ms. McAlister 112
5 Re-Direct Examination, by Mr. Card 119
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1 INDEX OF EXHIBITS
2 No. Description Page
3 A Documents 1-38 17
4 B Documents 39-294 39
5 C Depo Topics 59
6 D John Cassarino's Letter 70
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1 Thereupon,
2 SCOTT SAYRE,
3 having been first duly sworn or affirmed, was examined
4 and testified as follows:
5 THE WITNESS: I do.
6 DIRECT EXAMINATION
7 By Mr. Card:
8 Q. Sir, can you give me your full name and your
9 professional address for the record?
10 A. Scott Sayre, S-A-Y-R-E. 825 Tech Center
11 Drive, GAHANNA, G-A-H-A-N-N-A, Ohio. I'm sorry, I don't
12 know the ZIP code, and I don't live there.
13 Q. Okay. And where do you live, sir?
14 A. I live in Conway, South Carolina.
15 Q. Are you employed?
16 A. Yes, sir. I'm employed by JP Morgan Chase
17 Bank NA.
18 Q. And how long have you been employed by JP
19 Morgan?
20 A. I have been with JP Morgan Chase for five
21 years now.
22 Q. I'm going to go over a couple of ground rules,
23 although I'm sure you're familiar with them.
24 My name is Dennis Card. I represent John
25 Cassarino, he's the plaintiff in this matter. We are
Sayre, Scott 04-22-2014 Page 6 of 149
1 here today to take the corporate rep for assignment of
2 deposition, and it's my understanding that you're the
3 person with the most knowledge as to all the topics in
4 my notice; is that correct?
5 A. To the best of my knowledge, yes, sir.
6 Q. Have you had the opportunity to review the
7 list of deposition topics, sir?
8 A. Yes, sir, I have.
9 Q. Okay, great. And when did you have that
10 opportunity?
11 A. I reviewed them last evening and I believe
12 last week at some time, sir.
13 Q. And are there any of the items that I noticed
14 that you are not prepared to testify about?
15 MS. MCALISTER: Object to the form.
16 THE WITNESS: To the best of my knowledge,
17 I'll be able to answer as best I can.
18 By Mr. Card:
19 Q. Okay. Fair enough. Just a couple of ground
20 rules. You are going to know where my questions are
21 going a lot of the times. I will just ask you to wait
22 until the question is asked before you answer so that we
23 have a clear record, okay?
24 A. Yes, sir.
25 Q. And if you could answer the questions out
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1 loud, in other words, yes or no or I don't know instead
2 of shaking your head so that she can actually capture
3 the record, okay?
4 A. Yes, sir.
5 Q. Are you under the influence of alcohol,
6 narcotics, prescription medication, or anything that
7 would cause you to have a problem understanding my
8 questions and answering them truthfully?
9 A. No, sir.
10 Q. Okay, great. Have you had the opportunity to
11 review the amended complaint that has been filed in this
12 claim?
13 A. Yes, sir.
14 Q. When did you review that, sir?
15 A. I reviewed that last evening.
16 Q. Is that the first time?
17 A. Yes, sir, it is.
18 Q. Have you had the opportunity to review the
19 plaintiff's discovery request?
20 A. Yes, sir, I did.
21 Q. When did you review those?
22 A. I believe I reviewed that a couple of weeks
23 ago.
24 Q. And did you have the opportunity to review the
25 responses that defendant supplied to the plaintiff's
Sayre, Scott 04-22-2014 Page 8 of 149
1 discovery request?
2 A. Yes, sir.
3 Q. When did you review those?
4 A. The same time frame, a couple of weeks ago
5 probably.
6 Q. Any other time that you've reviewed them?
7 A. I reviewed them again, let's see, it would
8 have been probably Friday.
9 Q. On Friday. Okay. Initially I was served with
10 34 pages of responses; is that what you are referring to
11 that you reviewed?
12 A. Sir, to the best of my knowledge that's what I
13 reviewed.
14 Q. This morning I received 300 pages of responses
15 to discovery. Have you reviewed those?
16 A. I did not review all 300 pages of that
17 document, but I did review some pages of it.
18 Q. When did you first become aware of this
19 approximate 300 pages of discovery?
20 A. Yesterday.
21 Q. To the best of your knowledge, when were those
22 documents provided to me?
23 A. To my knowledge, yesterday.
24 Q. Is it your corporate position that those were
25 provided in a timely basis?
Sayre, Scott 04-22-2014 Page 9 of 149
1 MS. MCALISTER: Objection to the form, calls
2 for a legal conclusion.
3 THE WITNESS: As far as I know they were
4 provided as best as they could, as quick as they
5 could.
6 By Mr. Card:
7 Q. When did your company first become aware that
8 those documents were in existence?
9 A. I don't know.
10 Q. I'm going to reserve the right to recall Mr.
11 Sayre to question him regarding the documents that were
12 just prepared.
13 To the best of your knowledge, are there any
14 other documents in your company's possession that are
15 responsive to the plaintiff's discovery request?
16 A. No, sir.
17 Q. What is your official title, sir, with the
18 defendant?
19 A. I'm a home lending research officer.
20 Q. Research officer?
21 A. Yes, sir.
22 Q. Essentially, what does that mean in layman's
23 terms?
24 A. I'm assigned to various cases that have the
25 potential for litigation and review those cases whether
Sayre, Scott 04-22-2014 Page 10 of 149
1 it be for a deposition, mediation, or for a hearing
2 itself.
3 Q. So I'm guessing that you've had your
4 deposition taken before.
5 A. Yes, sir, I have.
6 Q. How many times, approximately?
7 A. 50 to 60 probably.
8 Q. Have you had your deposition taken in context
9 with FCRA claims?
10 A. No, sir, I have not.
11 Q. This is the first FCRA claim you've ever had?
12 A. To the best of my knowledge, yes, sir.
13 Q. Fair enough. Prior to working for JP Morgan,
14 who did you work for?
15 A. I worked for a small community bank where I'm
16 from, Waccamaw Bank. They are no longer in business.
17 Q. Where was that, sir?
18 A. They were located out of Whiteville, North
19 Carolina, but there were branches in South Carolina too.
20 I worked in South Carolina.
21 Q. How long did you work for Waccamaw, sir?
22 A. Approximately two and a half years.
23 Q. What was your job title there?
24 A. Collections.
25 Q. What type of collections?
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1 A. Anything from contacting borrowers about an
2 unsecured loan to home loan.
3 Q. And prior to Waccamaw Bank, where did you
4 work, sir?
5 A. Prior to that I was a licensed real estate
6 broker in the state of South Carolina and North Carolina
7 for 10 years.
8 Q. Okay. Did you attend college, sir?
9 A. I did.
10 Q. Where did you go?
11 A. To the Citadel in Charleston, South Carolina.
12 Q. No other college there.
13 A. No, sir.
14 Q. Have you undergone training with your current
15 employer in order to be a corporate representative?
16 A. Yes, sir.
17 Q. What did that training consist of?
18 A. I trained with various outside counsel that
19 Chase used. I was in the bankruptcy area prior to
20 joining the witness and mediation team with Chase about
21 two years, and I received bankruptcy training from
22 outside counsel that Chase used. We also received
23 training from my immediate supervisor in the bankruptcy
24 area. And then once I joined the witness and mediation
25 team we received training from outside counsel preparing
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1 us to give depositions, attend mediations, attend
2 hearings. And then we also do training throughout the
3 year. Normally, the training is assigned on-line
4 training through Chase to be taken throughout the year.
5 Q. Who is your immediate supervisor at J.P.
6 Morgan?
7 A. Name's Kevin Johnson.
8 Q. Where does Mr. Johnson work at?
9 A. He works out of the Gahanna, Ohio office.
10 Q. Is testifying in depositions one of the
11 primary components of your job?
12 A. Yes, sir.
13 Q. You said previously that you read the entire
14 amended complaint; is that correct?
15 A. Yes, sir.
16 Q. Do you agree or do you disagree with any of
17 the assertions in the amended complaint?
18 MS. MCALISTER: Object to the form. Vague.
19 THE WITNESS: I didn't make any really -- I
20 just read through it. I didn't really form an
21 opinion on it one way or the other.
22 By Mr. Card:
23 Q. So you have no opinion as the corporate
24 representative whether the allegations are true or
25 untrue?
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1 A. No.
2 MS. MCALISTER: Object to the form.
3 By Mr. Card:
4 Q. Do you have an opinion as to whether any of
5 the allegations are true or untrue?
6 A. To the best of my knowledge I don't feel that
7 Chase did anything wrong in reporting of the credit.
8 That's all I can say, I guess.
9 Q. Okay. And what do you form that opinion on?
10 A. Just through my research and in speaking with
11 individuals in the credit reporting entity of Chase as
12 well.
13 Q. And who did you speak with in the credit
14 entity reporting of Chase?
15 A. His name is -- I don't recall the last name,
16 I'm sorry. I want to say Jonathan -- it's not McBride,
17 but it's something along -- I'm sorry. I can find the
18 name, though.
19 Q. And where does -- I'm going to go with McBride
20 just for the sake of the record -- where does Mr.
21 McBride work at?
22 A. He works in Columbus, Ohio.
23 Q. And Mr. McBride advised you what?
24 A. We went through some of the documents as far
25 as the, what they referred to as the ACVD and the AUDs
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1 and the credit report itself.
2 Q. Okay. So that we have a clear record, can you
3 state specifically what an ACDV is?
4 A. It's a customer -- or credit validation
5 document. I'm sorry, I don't recall what the "A" is.
6 Q. Okay.
7 A. The term is in that large document you may
8 have received yesterday. I know that there is a
9 breakdown of the abbreviation in it.
10 Q. So you're not sure what that one is. That's
11 fine. How about an AVD?
12 A. It's AUD. Again, it's a document and I don't
13 recall the exact name, what the acronym stands for, but
14 again, it's in that large document, but it's a document
15 that's reported -- Chase fills out and reports back to
16 the credit agencies concerning any changes that may need
17 to be made on the credit report.
18 Q. Okay. And how many ACDVs did you review in
19 relation to Mr. Cassarino's file?
20 A. I believe I reviewed three.
21 Q. How many have been provided to me?
22 A. I'm not sure.
23 MR. CARD: I'm going to attach the defendant's
24 response to plaintiff's discovery request and for
25 clarity, Stephanie, they are 1 through 34 labeled,
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1 but the letter that I got this morning indicate
2 they're up to 39. So I'm going to attach those as
3 Exhibit A.
4 MS. MCALISTER: Can I see a copy?
5 MR. CARD: Yes, certainly. You know what? I
6 stand corrected. They are 1 through 38. So I'm
7 going to attach 1 through 38.
8 By Mr. Card:
9 Q. And you reviewed those, sir, correct?
10 MS. MCALISTER: Objection. Vague.
11 By Mr. Card:
12 Q. Did you review Bates stamp documents 1 through
13 38?
14 A. I don't remember the Bates label numbers. I
15 reviewed some ACDVs and an AUD.
16 Q. And you just testified that there's -- let's
17 see, three ACDVs; is that correct?
18 A. I believe that's what I reviewed, two from
19 TransUnion and one from Experian.
20 Q. Sir, I'm going to pass you Bates stamp
21 document Number 13. Can you tell me if that's what
22 you're referring to?
23 MS. MCALISTER: Can I ask, before you answer,
24 do you mind if I take a look at it?
25 MR. CARD: No, of course not.
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1 MS. MCALISTER: And before you proceed, the
2 documents you received today were Bates labeled 1
3 through 38, is that what you said?
4 MR. CARD: No, no. your initial responses
5 were 1 through 38. What I got this morning was 39
6 through two hundred and --
7 MS. MCALISTER: Yes, which were actually sent
8 out yesterday.
9 MR. CARD: Right.
10 MS. MCALISTER: And you want to mark this as
11 Exhibit A?
12 MR. CARD: I'm attaching all of your responses
13 as Exhibit A, but I'm specifically asking him about
14 this question, this document.
15 MS. MCALISTER: Okay. I understand. Thank
16 you.
17 THE WITNESS: And your question again, sir?
18 I'm sorry.
19 By Mr. Card:
20 Q. Not a problem, sir. Can you identify that
21 document?
22 A. This is an AUD.
23 Q. And how many AUDs did you review?
24 A. This is the only one that I reviewed.
25 Q. How many were contained in Mr. Cassarino's
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1 file?
2 A. This is the only one that I reviewed and I
3 don't know of any more.
4 Q. How about the ACDVs?
5 A. ACDVs? I reviewed, I think, three.
6 Q. And those were -- is it your position that
7 those were provided in defendant's responses to
8 plaintiff's discovery request?
9 MS. MCALISTER: Object to the form.
10 THE WITNESS: To the best of my knowledge,
11 yes, sir.
12 MR. CARD: I'm going to give you these first,
13 Stephanie, so you can take a look through them.
14 And for the record, that's a complete copy of
15 Bates stamp 1 through 38.
16 MS. MCALISTER: And is this all going to be
17 Exhibit A?
18 MR. CARD: Yes, the entire thing is Exhibit A.
19 (Plaintiff's Exhibit A has been marked for
20 identification)
21 By Mr. Card:
22 Q. How many AVDs are in the documents you just
23 reviewed?
24 A. AUDs? Just the one, I believe.
25 Q. And you just testified, I believe, that there
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1 were three; is that correct?
2 A. I believe there were three ACVDs that I
3 reviewed.
4 Q. How many ACVDs are in those documents?
5 A. I see three ACVDs.
6 Q. And can you point those out for me?
7 A. The ACVDs are Bates labeled 01 through 12.
8 Q. Okay. And were there any updates done to Mr.
9 Cassarino's credit report?
10 MS. MCALISTER: Object to the form. Vague.
11 By Mr. Card:
12 Q. Were there any changes made to plaintiff's
13 credit report?
14 MS. MCALISTER: Object to the form. Vague.
15 You can -- you can answer.
16 THE WITNESS: There was an update made, yes,
17 sir.
18 By Mr. Card:
19 Q. When was the update made, sir?
20 A. There was an update provided on August the
21 30th of 2013.
22 Q. And what, specifically, was that update?
23 A. Indicating that the account had been
24 transferred.
25 Q. And do you know where the account was
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1 transferred to, Mr. Sayre?
2 A. The only thing I saw was SRA. I don't know
3 what that means or who that is.
4 Q. Any other updates, sir?
5 MS. MCALISTER: Object to the form. Vague.
6 THE WITNESS: August 30th of 2013, there was a
7 change made from -- regarding the bankruptcy
8 chapter from a 7 to a 13.
9 By Mr. Card:
10 Q. Okay. Any other updates, sir?
11 MS. MCALISTER: Same Object to the form.
12 THE WITNESS: To the best of my knowledge,
13 those were the updates that were made.
14 By Mr. Card:
15 Q. Is it your opinion that the plaintiff was 120
16 days past due on his account with Chase for the period
17 encompassing December 12 through June 13?
18 A. Of what year, sir?
19 Q. From December 12 and until June 13.
20 MS. MCALISTER: Are you saying December 12 and
21 13, you mean 2012 and 2013?
22 MR. CARD: Yes.
23 THE WITNESS: Oh, I'm sorry. From 2012 to
24 2013?
25 By Mr. Card:
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1 Q. Yes, sir.
2 A. And again, I'm sorry, your question?
3 Q. My question is, is it your or the corporate
4 entity's opinion that John Cassarino was 120 days past
5 due for the period of time from December 2012, that's
6 2012 through and including June of 2013, which is 2013?
7 A. These are indicating that he was 180 days past
8 due.
9 Q. So it's your position that he was 180 days
10 past due for that time period?
11 A. Yes, sir; that is correct.
12 Q. And what are you relying on and what indicates
13 that he was 180 days past due for that time period?
14 A. Bates label 07 indicates the Number 6 which is
15 an indicator that he was 180 days past due.
16 Q. On what date, sir?
17 A. From December of 2012 to June of 2013.
18 Q. And what documents in defendant's possession
19 establish that?
20 A. There is a payment history indicating the last
21 payment. The account was due for December of 2008.
22 Q. You said December of 2008, sir?
23 A. The account was due for -- the account was due
24 for December of 2008. Yes, sir.
25 Q. Okay. And are you aware of Mr. Cassarino
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1 filing for bankruptcy?
2 A. Yes, sir.
3 Q. What made you aware of the fact that he filed
4 for bankruptcy?
5 A. I reviewed the bankruptcy screen and our
6 system of record indicated he filed bankruptcy in
7 February of 2011.
8 Q. Okay. And do you have any idea why, if he
9 filed bankruptcy in February of 2011, the credit report
10 would reflect that he was 180 days past due
11 approximately two years later?
12 A. I believe that at that time Chase was
13 reporting the credit 180 days past due, due to the fact
14 that he had -- there was a motion for relief of stay on
15 the property and we started reporting it as 180 days
16 past due, whereas prior to that we had suppressed any
17 credit and did not report anything at all.
18 Q. You said you believe at that time there was a
19 motion for relief of stay?
20 A. Yes, sir. That's what I reviewed in our
21 system of record that indicated that there was a motion
22 for relief of stay granted. And then we started
23 reporting the loan as 180 days past due.
24 Q. Have those documents been produced to me in
25 response to Mr. Cassarino's request to produce?
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1 MS. MCALISTER: Object to the form. Vague.
2 THE WITNESS: Could you explain what documents
3 "those documents" means.
4 By Mr. Card:
5 Q. Yes. You just referenced the document or
6 motion for relief from stay. Is that document contained
7 in Bates stamp 1 through 38 that is sitting in front of
8 you?
9 A. No, sir, that is not.
10 Q. Can you tell me why it wasn't produced?
11 MS. MCALISTER: Object to the form. Legal
12 conclusion, and also on privilege.
13 MR. CARD: What privilege?
14 MS. MCALISTER: The attorney/client privilege.
15 By Mr. Card:
16 Q. Okay. Sir, did you say that it was a public
17 record that you reviewed?
18 A. No, sir. Chase' system of records.
19 MS. MCALISTER: That wasn't your question.
20 Your question was, Why the data wasn't
21 produced?
22 By Mr. Card:
23 Q. And that's correct. What specifically did you
24 review, Mr. Sayre?
25 A. Chase's system is called MSP, our mortgage
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1 servicing product. And also I reviewed PACER, the on-
2 line public records of the bankruptcy documents.
3 Q. And what other documents are contained within
4 mortgage service product that relate to Mr. Cassarino?
5 MS. MCALISTER: Object to the form. Lack of
6 predicate.
7 THE WITNESS: The MSP system is a system of
8 records Chase has used, you know. We can review on
9 accounts, you know, of what the principal balance
10 is, if the account's delinquent. It's, you know,
11 it's our system of records that we use to review
12 loan accounts.
13 By Mr. Card:
14 Q. What other documents, if any, are contained in
15 MSP with regards to Mr. Cassarino?
16 MS. MCALISTER: Object to the form.
17 THE WITNESS: It would have an account, you
18 know, you could look at the loan to see if it was,
19 like I said, you know, what the principal balance
20 is. It will provide his name, his loan number,
21 principal balance, if there's any delinquency,
22 monthly payments that's due, escrow account if
23 that's applicable in the account. It's the system
24 we use on a daily basis to review accounts.
25 By Mr. Card:
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1 Q. Is his loan application contained within it?
2 A. No, sir.
3 Q. Any other documents that you can think of that
4 would be in MSP?
5 A. Not as far as credit reporting goes, no, sir.
6 Q. Not with respect to credit reporting. As it
7 relates to Mr. Cassarino at all?
8 A. Just what I've told you. I mean, that's all I
9 use the system for is to review the system to see what
10 the principal balance is on the loan, what the monthly
11 payment is, if they're delinquent on the account, when
12 they became delinquent.
13 Q. Okay.
14 A. If there was a bankruptcy involved there is a
15 bankruptcy work station that you can review just to see
16 when it was filed, who the bankruptcy attorney is.
17 Basically all it tells you.
18 Q. And you told me that, I apologize, what does
19 MSP stand for again?
20 A. Mortgage Servicing Product.
21 Q. And you have access to that electronically?
22 A. I have access to that, not to the entire part
23 of it, there -- only what's applicable to my job
24 description.
25 Q. What's contained within MSP that is not
Sayre, Scott 04-22-2014 Page 25 of 149
1 contained within your job description?
2 A. I would not be able to make any, like, escrow
3 or taxes or insurance, those kind of things. I have no
4 access to any information as far as that goes. I could
5 see if the account was escrowed, I could see what that
6 portion of the monthly payment would be, but I don't
7 have any access to know whether taxes have been paid,
8 insurance has been paid, that type of thing. I don't
9 have any access to that. As far as bankruptcy goes, I
10 have access to look to see when he filed, who the
11 attorney is, what chapter. That's about it.
12 Q. The motion for relief from stay, when was that
13 filed?
14 A. I don't know the date.
15 Q. And what is Chase's policy with respect to
16 credit reporting once a motion for relief from stay is
17 filed?
18 A. Once it's filed, to my knowledge, we would
19 still be making no report until a decision has been made
20 whether it's to be granted or not granted.
21 Q. What is Chase's policy if it's granted?
22 A. I have not read a policy, but I do know that
23 once it was granted, Chase started reporting the account
24 as a 6, meaning 180 days delinquent.
25 Q. And when did they start reporting it as a 6?
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1 A. Prior to the bankruptcy it was reported as a
2 6. Looks like it started in June of 2009 running all
3 the way through February of 2006, then we started
4 reporting.
5 Q. One second. You said through February of
6 2006?
7 A. Oh, I'm sorry. February of 2011, I apologize.
8 Q. That's okay. So it was reported as 180 days
9 past due June '09 through February '11; is that correct?
10 A. That's correct.
11 Q. And then what about after February 2011?
12 A. From March of 2011 until November of 2012
13 there was no reporting.
14 Q. And why is that, sir?
15 A. That was during the time of bankruptcy.
16 Q. March 2011 until November of what, sir?
17 A. November of 2012.
18 Q. So there was no reporting. And what about
19 subsequent to November of 2012?
20 A. From December of 2012 until June of 2013 we
21 reported a 6, 180 days delinquent.
22 Q. And explain to me why that is.
23 A. Again, it's my understanding that once the
24 motion for relief from stay was granted, we started
25 reporting the account as 180 days delinquent.
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1 Q. So is it your understanding that the motion
2 for relief from stay was granted in December of 2012
3 based on that credit report?
4 A. Based on this credit report it would indicate
5 that was the time frame. Yes, sir.
6 Q. So if it wasn't in December of 2012, that
7 credit report would be inaccurate?
8 MS. MCALISTER: Object to the form. Calls for
9 a legal conclusion.
10 By Mr. Card:
11 Q. In your opinion?
12 MS. MCALISTER: Same objection. You can
13 answer.
14 THE WITNESS: Again, that's -- to the best of
15 my knowledge, that's what it would indicate that a
16 motion for relief from stay at some point in
17 November or December of 2012 was granted and we
18 started reporting the account as delinquent 180
19 days.
20 By Mr. Card:
21 Q. In November or December?
22 A. I don't know when it was granted. It could
23 have been granted late November. I don't know when we
24 made the report or -- I don't know what time frame we
25 make reports to the credit bureau. I don't know if we
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1 did it the first of November and then we got the release
2 from stay at the end of November. I don't know.
3 Q. So is it fair to say you have no way of
4 knowing whether that credit report is accurate, as we
5 sit here today?
6 MS. MCALISTER: Object to the form.
7 THE WITNESS: To the best of my knowledge,
8 it's accurate.
9 By Mr. Card:
10 Q. But you don't know when the motion for relief
11 from stay was granted, correct?
12 A. I don't know the specific date. No, sir.
13 Q. So if it was granted in October of 2012, the
14 credit report would be wrong; is that correct?
15 MS. MCALISTER: Object to the form. Vague.
16 THE WITNESS: I don't know that it would be
17 wrong. The account would still have been in
18 bankruptcy, you know. Chase could make a business
19 decision not to report on credit at that time, but
20 for some reason, I don't know why they would, but I
21 don't know.
22 By Mr. Card:
23 Q. So you have no idea as to why or why they did
24 not report it at that particular time; is that fair?
25 MS. MCALISTER: Object to the form. Vague.
Sayre, Scott 04-22-2014 Page 29 of 149
1 THE WITNESS: I don't know.
2 By Mr. Card:
3 Q. Now, what happens to the credit reporting
4 after June of 2013?
5 A. After June of 2013? The account was
6 transferred in August of 2013 and we did not make any
7 report at all in July.
8 Q. Where was it transferred to?
9 A. And then all I saw was SRA. I don't know what
10 it means or who that is.
11 Q. Did you inquire as to who that was?
12 A. No, sir.
13 Q. Did anybody tell you who that was?
14 A. No, sir, they did not.
15 Q. So does Chase have any involvement in this
16 claim at all right now?
17 MS. MCALISTER: Object to the form. Vague.
18 THE WITNESS: We no longer service this loan.
19 By Mr. Card:
20 Q. So you stopped servicing it in July of 2013?
21 A. I believe it was August of 2013 when the loan
22 was service transferred.
23 Q. Did you receive a dispute from John Cassarino
24 in relation to his account?
25 A. We received a dispute from TransUnion.
Sayre, Scott 04-22-2014 Page 30 of 149
1 Q. And what specifically did you receive?
2 A. The ACVD, I believe, is what was received.
3 Q. And the ACVD, did you receive a code or did
4 you receive an actual letter from John Cassarino?
5 A. There was no letter received. It's my
6 understanding, speaking with the credit area that the
7 ACVD is received, this can be on a daily basis, and the
8 analyst assigned to -- I don't know how they assign
9 them, whether it be by loan numbers or states or
10 whatever, they review that on a daily basis and it drops
11 into their queue and then they review those disputes and
12 make updates if needed, or if nothing is needed, I
13 assume they come back noted no changes needed.
14 Q. What analyst reviewed Mr. Cassarino's dispute?
15 MS. MCALISTER: Object to the form. Vague.
16 THE WITNESS: The August 30th of 2013, on the
17 response date on Bates Label Number 1, the person
18 was Nona Lee.
19 By Mr. Card:
20 Q. And who is Nona Lee?
21 A. I don't know her or him.
22 Q. Do you know where Mr. or Mrs. Nona Lee works
23 at?
24 A. I don't. I know that the supervisor works in
25 Columbus, Ohio. I don't know if she works there as
Sayre, Scott 04-22-2014 Page 31 of 149
1 well.
2 Q. And the supervisor you are referring to of Mr.
3 or Mr. Nona Lee?
4 A. Was the previous John M. I'm sorry. Again, I
5 don't remember the last name.
6 Q. Okay. And what code did Nona Lee assign to
7 Mr. Cassarino's dispute?
8 MS. MCALISTER: Object to the form. Vague.
9 THE WITNESS: Code as in, I mean, there are
10 different codes --
11 By Mr. Card:
12 Q. Are there any ACDV codes that were assigned to
13 Mr. Cassarino's dispute?
14 MS. MCALISTER: Object to the form. Vague.
15 THE WITNESS: Again, to my knowledge, I don't
16 know what codes you are referring to. Again, I'm
17 sorry.
18 By Mr. Card:
19 Q. Have you ever received or reviewed the actual
20 dispute letter that Mr. Cassarino sent to TransUnion?
21 A. I have not reviewed that. No, sir.
22 Q. You previously told me that you reviewed the
23 amended complaint; is that correct?
24 A. I did. Yes, sir.
25 Q. Did you review the attachments that were
Sayre, Scott 04-22-2014 Page 32 of 149
1 attached to the amended complaint?
2 A. I did, but I don't recall the letter. I'm
3 sorry. I may have reviewed it but I don't recall it.
4 Q. When did you review the attachments to the
5 amended complaint?
6 A. Sir, I would have reviewed them at the same
7 time I reviewed the complaint which was yesterday, I
8 think, but again I don't recall the letter.
9 Q. How many dispute codes are there that JP
10 Morgan can submit?
11 MS. MCALISTER: Object to the form. Vague.
12 THE WITNESS: I don't know.
13 By Mr. Card:
14 Q. Who would know?
15 MS. MCALISTER: Object to the form. Vague.
16 THE WITNESS: Again, I would think someone in
17 the credit reporting entity, but I don't know.
18 By Mr. Card:
19 Q. What investigation, if any, did the corporate
20 defendant take when it received notice of Mr.
21 Cassarino's dispute?
22 MS. MCALISTER: Object to the form. Vague.
23 THE WITNESS: Again, it's my understanding
24 once the analyst receives the ACVD from the
25 different credit reporting agencies, they review
Sayre, Scott 04-22-2014 Page 33 of 149
1 the MSP system and they also review the PACER and,
2 to my knowledge, that's the only two things that
3 they review.
4 By Mr. Card:
5 Q. So that's it. They review the MSP and they
6 review PACER?
7 A. Yes, sir.
8 Q. Do they review -- if a consumer submits a
9 letter to a credit reporting agency such as TransUnion,
10 would your employer review that actual letter?
11 A. Speaking with the credit reporting entity of
12 Chase, they, TransUnion or the CRA, have no way of
13 attaching a letter to these ACVDs; once they were
14 received they could not attach a file to that inquiry.
15 So to my knowledge, no.
16 Q. In other words, it would be impossible for
17 TransUnion to send an e-mail with a letter or to mail it
18 to them or to fax it to them?
19 MS. MCALISTER: Object to the form. Outside
20 of the scope of the notice. You can answer if you
21 know.
22 MR. CARD: You are not limited to the question
23 in the notice, to the 30(b)(6).
24 MS. MCALISTER: You are limited to the topics,
25 but you can answer if you know.
Sayre, Scott 04-22-2014 Page 34 of 149
1 MR. CARD: King vs. Pratt & Whitney --
2 MS. MCALISTER: I'm not instructing him not to
3 answer.
4 MR. CARD: Okay.
5 MS. MCALISTER: You can answer if you know.
6 THE WITNESS: I'm assuming those possibilities
7 were available, but to my knowledge, they didn't
8 receive the letter that -- they didn't receive it
9 with the ACVD.
10 By Mr. Card:
11 Q. Before we were talking about the codes and you
12 weren't sure about them, so I want to point your
13 attention to Bates stamp Document 1. Just tell me now
14 when you get there.
15 A. Yes, sir.
16 Q. Do you see, sir, in dispute code 1, there is a
17 code 109?
18 A. Yes, sir.
19 Q. Would you agree that it says, "Disputes
20 amount"?
21 A. Yes, sir.
22 Q. And in dispute code 2 it says, apparently,
23 code 112. Do you see that, sir?
24 A. Yes, sir.
25 Q. And then it says, "Claims inaccurate
Sayre, Scott 04-22-2014 Page 35 of 149
1 information; did not provide specific dispute."
2 A. Yes, sir, I see that.
3 Q. And do you agree or disagree that Mr.
4 Cassarino did not provide specific information in his
5 dispute?
6 MS. MCALISTER: Object to the form.
7 THE WITNESS: Again, these are codes coming
8 from the credit bureau. I don't know whether he
9 did or not. I have no opinion on that.
10 By Mr. Card:
11 Q. And would it help if you were to review the
12 actual dispute letter that Mr. Cassarino sent in to
13 TransUnion?
14 MS. MCALISTER: Object to the form. Vague.
15 THE WITNESS: I have never worked in credit
16 before, so I wouldn't know what I would be looking
17 for.
18 By Mr. Card:
19 Q. Yet you are designated as the person with most
20 knowledge in today's deposition, correct?
21 A. That's correct.
22 Q. Why would they select you if you have no
23 background in credit reporting whatsoever?
24 MS. MCALISTER: Object to the form.
25 THE WITNESS: Again, I have knowledge, but do
Sayre, Scott 04-22-2014 Page 36 of 149
1 I have complete knowledge of the credit area? No,
2 sir, I do not.
3 By Mr. Card:
4 Q. What specific background do you have in the
5 credit area?
6 A. Just dealing with credit bankruptcy, that type
7 of thing, knowing that we didn't report credit during
8 bankruptcy filing.
9 Q. Anything else?
10 A. In my previous employment I reviewed credit
11 reports. That's it.
12 Q. How about disputes with credit reports?
13 MS. MCALISTER: Object to the form. Vague.
14 THE WITNESS: I have never reviewed a dispute
15 with a credit report, no, sir.
16 By Mr. Card:
17 Q. So this is the first time you've ever been
18 involved in a claim with a dispute over a credit report?
19 A. That is correct, sir.
20 Q. Do you know why you were selected as the
21 corporate representative to appear for this deposition?
22 MS. MCALISTER: Object to the form. Calls for
23 a legal conclusion.
24 THE WITNESS: I've bankruptcy knowledge and
25 I've been deposed several times, so I guess the
Sayre, Scott 04-22-2014 Page 37 of 149
1 decision was made to select me.
2 By Mr. Card:
3 Q. And who selected you?
4 A. My boss.
5 Q. Who is your boss?
6 A. Kevin Johnson.
7 Q. And that's the gentleman that works in Ohio?
8 A. Yes, sir, that's correct.
9 Q. What the street address that Mr. Johnson works
10 at?
11 A. He's at 825 Tech Center Drive, in Gahanna,
12 Ohio.
13 Q. Could you spell Gahanna for me, sir?
14 A. G-A-H-A-N-N-A.
15 Q. Were you familiar with your corporate
16 employer's being sued before for FCRA violations?
17 A. No, sir.
18 MS. MCALISTER: Object to the form. Vague. I
19 apologize. You can answer.
20 THE WITNESS: No, sir, I'm not aware of that.
21 By Mr. Card:
22 Q. So you are sitting here today with no
23 knowledge that they have ever been sued in the past for
24 FCRA violations?
25 A. I have never been involved in any lawsuit
Sayre, Scott 04-22-2014 Page 38 of 149
1 concerning FCRA violations myself, personally.
2 Q. So you have no personal knowledge and nobody
3 has ever told you that JP Morgan has ever been sued in
4 the past for an FCRA violation?
5 A. No, sir, I've never been told that.
6 Q. The account that we have been referencing, do
7 you know what it was for?
8 A. The account was a mortgage loan.
9 Q. Exactly, okay. Do you know whether it was a
10 personal or a commercial loan?
11 A. To my knowledge, it was a personal loan, I
12 mean, a home loan.
13 Q. And to your knowledge, was it a joint or an
14 individual account?
15 A. I only saw one name on the account.
16 Q. And for the record, what name was that?
17 A. John Cassarino.
18 Q. And what training, if any, did you receive as
19 to credit reporting, specifically as it relates to
20 having an order approving a motion to relief stay in
21 bankruptcy?
22 MS. MCALISTER: Object to the form. Vague.
23 THE WITNESS: I'm not sure I understand the
24 question.
25 By Mr. Card:
Sayre, Scott 04-22-2014 Page 39 of 149
1 Q. Do you believe that Chase is accurately
2 reporting Mr. Cassarino 180 days past due for the period
3 of December 2012 through June 2013?
4 A. Yes, sir, I do.
5 Q. And what gives you -- what forms that opinion?
6 Why do you believe that?
7 A. I reviewed Chase's system of record, MSP, and
8 it indicated that the account was due for December of
9 2008.
10 Q. And what does December of 2008 have to do with
11 them reporting 120 days past due in December of 2012,
12 four years later through June 2013?
13 MS. MCALISTER: Object to the form. Vague.
14 THE WITNESS: Again, the account is over 180
15 days past due.
16 By Mr. Card:
17 Q. How far past due was it?
18 A. The account was due for December of 2008. So
19 it would be December of 2013, would be five years, and
20 now we're into '14. The loan was service transferred in
21 August of -- four years and four months.
22 MR. CARD: Okay. As Exhibit B, I'm going to
23 attach -- I just got Bates stamps documents, let's
24 see 39 through and including 294.
25 (Plaintiff's Exhibit B has been marked for
Sayre, Scott 04-22-2014 Page 40 of 149
1 identification)
2 By Mr. Card:
3 Q. And I can't remember what you answered to
4 this, sir: Have you read Bates stamp 39 through 294?
5 A. I have not read every page. No, sir.
6 Q. What pages have you read?
7 A. I couldn't tell you specifically. I looked at
8 pages referring to codes that may be on the ACVDs or the
9 AUDs.
10 Q. Okay. Did you read anything about how
11 bankruptcies are to be credit reported from those
12 documents?
13 A. No, sir, I did not.
14 Q. You realize that's the central issue in this
15 case, correct?
16 MS. MCALISTER: Object to the form. Calls for
17 a legal conclusion.
18 By Mr. Card:
19 Q. Do you understand that this claim is about
20 erroneous credit reporting?
21 A. Yes, sir, I do.
22 Q. Did you go to and review any of the documents
23 in these some 300 pages that specifically refer to the
24 reporting of bankruptcies?
25 A. No, sir, I did not.
Sayre, Scott 04-22-2014 Page 41 of 149
1 Q. And why not?
2 A. Again, I was looking through the document to
3 make sure I was familiar with the coding on the various
4 ACVD and the AUD forms.
5 Q. So you felt that it was important to look at
6 the coding but not to look at the credit reporting?
7 A. I looked to what I thought I might need for
8 the deposition, yes, sir.
9 Q. Do you know what the title of this document
10 is, sir?
11 A. No, I don't recall the title of it. No, sir.
12 Q. "Credit Reporting Resource Guide."
13 A. Okay. I'll take your word for it.
14 Q. Don't take my word for it; you can look at it.
15 A. I don't have it in front of me.
16 Q. Here is the title, sir. Can you read that for
17 me?
18 A. Yes, sir. 2013 Credit Reporting Resource
19 Guide.
20 MS. MCALISTER: I'm going to object to you
21 showing him isolated pages, or at least put on the
22 record that all that was shown to the witness was
23 the front page.
24 MR. CARD: And I'll stipulate that it is Bates
25 document 39. We can go through every individual
Sayre, Scott 04-22-2014 Page 42 of 149
1 page if you like, because they all say "Credit
2 Reporting Resource Guide" on each of the 294 pages,
3 but that would seem to be a waste of time.
4 By Mr. Card:
5 Q. But so that we are clear and for the record,
6 you didn't read anything with respect to the credit
7 reporting requirements as mandated by this document?
8 MS. MCALISTER: Object to the form. Vague.
9 Lack of foundation. I apologize for
10 interrupting.
11 You can answer.
12 THE WITNESS: Again, I don't recall reading
13 anything, no.
14 By Mr. Card:
15 Q. So do you know what the credit reporting
16 guidelines are as per this document that was just
17 produced to me?
18 A. No, sir.
19 Q. Prior to this recent review, have you ever
20 reviewed this document before?
21 A. No, sir, I have not.
22 Q. Have you ever seen this document before?
23 A. No, sir, I have not.
24 Q. Have you ever heard of this document before?
25 MS. MCALISTER: Object to the form. Vague.
Sayre, Scott 04-22-2014 Page 43 of 149
1 THE WITNESS: No, sir.
2 By Mr. Card:
3 Q. Do you know why it was produced as a discovery
4 response?
5 MS. MCALISTER: Object to the form. Vague.
6 Calls for a legal conclusion. I'm also going
7 to object on the ground of privilege and instruct
8 you not to answer.
9 By Mr. Card:
10 Q. I don't want to know anything about any
11 conversation you've had with Mrs. McAlister or Mrs.
12 Capote or any attorney whatsoever. I'm just asking you,
13 do you have any idea personally why this document was
14 produced?
15 MS. MCALISTER: Again, I'm going to instruct
16 you not to answer.
17 By Mr. Card:
18 Q. Okay. Just make a notation that, for the
19 record, we'll be coming back here and talking about
20 that.
21 Do you believe that it would be important to
22 review an actual dispute letter that a consumer sends in
23 when he disputes an account with his credit report?
24 MS. MCALISTER: Object to the form. Vague.
25 THE WITNESS: It may be beneficial, it may
Sayre, Scott 04-22-2014 Page 44 of 149
1 not. I don't know.
2 By Mr. Card:
3 Q. Do you know whether it would have been
4 beneficial in this case or not?
5 MS. MCALISTER: Same objection. Vague.
6 THE WITNESS: I don't know.
7 By Mr. Card:
8 Q. Would it help you or anyone at Chase to know
9 whether the dispute was valid if you had the opportunity
10 to review a letter from the client?
11 MS. MCALISTER: Object to the form. Vague.
12 Calls for speculation.
13 THE WITNESS: Could you repeat your question,
14 please?
15 By Mr. Card:
16 Q. Would it be helpful for you to review the
17 actual dispute letter that John Cassarino filed?
18 MS. MCALISTER: Same objection.
19 THE WITNESS: Me, personally? I do not -- no,
20 sir. I don't think so.
21 By Mr. Card:
22 Q. And why do you say that?
23 A. Only because my knowledge of credit reporting
24 is dealt with within these documents, the ACVDs and the
25 AUDs, and that's what they were reviewing, what came to
Sayre, Scott 04-22-2014 Page 45 of 149
1 them from TransUnion concerning the letter.
2 Q. And did JP Morgan Chase, did they submit
3 electronic transmissions regarding each of their
4 accounts to the credit reporting agencies?
5 MS. MCALISTER: Object to the form. Vague.
6 THE WITNESS: Do they submit --
7 By Mr. Card:
8 Q. The status of their accounts to the credit
9 reporting agencies?
10 MS. MCALISTER: Same objection.
11 THE WITNESS: To the best of my knowledge,
12 they do.
13 By Mr. Card:
14 Q. Do they do that on a monthly basis?
15 MS. MCALISTER: Same objection.
16 THE WITNESS: I would say yes, sir, to my
17 knowledge.
18 By Mr. Card:
19 Q. And in Mr. Cassarino's claim, the entire time
20 that JP Morgan Chase was servicing the loan, did they
21 submit electronic updates to the credit reporting
22 agencies?
23 MS. MCALISTER: Object to the form. Vague.
24 THE WITNESS: The account history indicates
25 that there were submissions made as far as the
Sayre, Scott 04-22-2014 Page 46 of 149
1 delinquency on the account or whether the account -
2 - or whether there was no submission whatsoever.
3 By Mr. Card:
4 Q. Okay. What is Chase's position as of today's
5 date as to the total amount of money that John Cassarino
6 owes them?
7 A. Mr. Cassarino does not owe Chase any money.
8 The account was service transferred.
9 Q. And at what date did Mr. Cassarino cease to
10 owe JP Morgan Chase any money?
11 A. The account was service transferred in August
12 of 2013. I don't know the specific day that it was
13 transferred, but it was in August of 2013.
14 Q. So is it your position that as of August --
15 and I know you don't know the date -- but as of August
16 2013 John Cassarino had 0 financial indebtedness to JP
17 Morgan Chase?
18 A. Concerning the home loan? Yes, sir.
19 Q. Yes, sir. Just specifically returning the
20 home loan?
21 A. Concerning this home loan, yes, sir, that's my
22 understanding.
23 Q. How familiar are you with the Fair Credit
24 Reporting Act?
25 A. Not very.
Sayre, Scott 04-22-2014 Page 47 of 149
1 Q. Not very. Sir, can you tell me who Sharlon M.
2 Johnson is? And you can locate Ms. Johnson on Bates
3 stamp 37 of the documents you have in front of you.
4 A. I don't know who she is personally; no, sir.
5 Q. And does she work for JP Morgan Chase?
6 A. This seems to indicate that she does work for
7 JP Morgan Chase, yes, sir.
8 Q. And why did Ms. Johnson obtain a copy of John
9 Cassarino's credit report on April 2nd, 2014?
10 MS. MCALISTER: I'm objecting to that on the
11 grounds of privilege and I'm instructing you not to
12 answer.
13 MR. CARD: Certify that question for the
14 judge.
15 By Mr. Card:
16 Q. Do you agree that you have to have a
17 permissible purpose to obtain a copy of a consumer's
18 credit profile?
19 MS. MCALISTER: Object to the form. Calls for
20 a legal conclusion.
21 THE WITNESS: I don't know if you have to or
22 not.
23 By Mr. Card:
24 Q. So you are not sure whether people can just
25 pull other people's credit report with or without a
Sayre, Scott 04-22-2014 Page 48 of 149
1 reason?
2 MS. MCALISTER: Object to the form. Calls for
3 a legal conclusion.
4 THE WITNESS: I don't think you can just
5 haphazardly pull someone's credit report, no. I
6 think there may have to be a reason.
7 By Mr. Card:
8 Q. There may have to be a reason. Are you
9 familiar with the term "permissible purposes" under the
10 Fair Credit Reporting Act?
11 MS. MCALISTER: Object to the form. Calls for
12 legal conclusion.
13 A. No, sir, I'm not.
14 By Mr. Card:
15 Q. With respect to JP Morgan Chase, under what
16 circumstance can you obtain a copy of a client's
17 consumer credit report?
18 MS. MCALISTER: Object to the form. Vague.
19 THE WITNESS: I don't know.
20 By Mr. Card:
21 Q. Can they obtain a copy of a consumer's credit
22 report if the consumer does not owe them any money?
23 MS. MCALISTER: Object to the form. Vague.
24 Calls for speculation. Calls for a legal
25 conclusion.
Sayre, Scott 04-22-2014 Page 49 of 149
1 THE WITNESS: I don't know.
2 By Mr. Card:
3 Q. Do you know who CBCInnovis is?
4 A. No, sir, I do not.
5 Q. You have never heard of CBCInnovis?
6 A. I never have personally, no, sir.
7 Q. Have you reviewed any documents in this file
8 as it relates to CBCInnovis?
9 A. Only Bates Label 37 and 38.
10 Q. And can you tell me what those documents are,
11 sir?
12 A. It's a -- seems to be like a credit report or
13 something similar to one.
14 Q. Do you know whether or not CBCInnovis is a
15 credit reporting agency?
16 A. Myself personally, I do not, no.
17 Q. You were designated as the person to appear
18 with the most knowledge as to the contractual
19 arrangements between J.P. Morgan Chase and CBCInnovis.
20 Are you aware of that?
21 A. Yes, sir.
22 Q. How is it possible that you don't know what
23 CBCInnovis is, based on that fact?
24 MS. MCALISTER: Object to the form.
25 THE WITNESS: Again, I have knowledge to know
Sayre, Scott 04-22-2014 Page 50 of 149
1 that they are a credit reporting agency. I have
2 obtained that knowledge through our credit
3 department, but prior to that I did not know who
4 they were.
5 By Mr. Card:
6 Q. So two minutes ago when you told me you
7 weren't sure whether they were a credit reporting
8 agency, that was incorrect?
9 A. It was incorrect. I was told that they were a
10 credit reporting agency. My apologies.
11 Q. That's okay. Who told you they were a credit
12 reporting agency?
13 A. Again, Mr. John M. Again, I don't remember
14 his last name.
15 Q. Is that Mr. McBride that we referred to
16 earlier?
17 A. Correct. Yes, sir.
18 Q. And did JP Morgan Chase obtain a copy of John
19 Cassarino's credit report from CBCInnovis on January
20 23rd, 2014?
21 A. January 23rd?
22 Q. That's right.
23 A. No, sir. The date I see here is April the
24 2nd, 2014.
25 Q. Okay, I'm going to get to that too. We'll go
Sayre, Scott 04-22-2014 Page 51 of 149
1 back to that.
2 Do you agree that JP Morgan Chase obtained a
3 copy of John Cassarino's credit report from CBCInnovis
4 on April 2nd, 2014?
5 A. Yes.
6 Q. Do you agree that JP Morgan Chase obtained a
7 copy of John Cassarino's consumer credit report from
8 CBCInnovis on January 23rd, 2014?
9 A. On Bates label 38 it does indicate there was
10 an inquiry made on January 23rd of 2014.
11 Q. Sir, what does KOB stand for on that document?
12 A. I don't know.
13 Q. Is there anything or any documents that have
14 been provided to me that would tell me what that stands
15 for?
16 A. I don't know.
17 Q. Are you aware of the fact that we specifically
18 requested a copy of a key to understand what all of
19 these codes are for?
20 MS. MCALISTER: Object to the form. Vague.
21 THE WITNESS: Again, I don't know and I don't
22 know if that was provided to you or not. I'm
23 sorry.
24 By Mr. Card:
25 Q. And do you agree that a copy of John
Sayre, Scott 04-22-2014 Page 52 of 149
1 Cassarino's consumer credit report was obtained from
2 CBCInnovis on March 17th, 2014?
3 A. It does indicate there was an inquiry made on
4 March 17th of 2014, yes.
5 Q. Do you know why that is?
6 MS. MCALISTER: I'm going to instruct you not
7 to answer. I'm objecting on privilege grounds.
8 MR. CARD: Certify that question.
9 By Mr. Card:
10 Q. Do you know -- strike that.
11 Do you agree that JP Morgan Chase obtained a
12 copy of John Cassarino's consumer credit profile on
13 March 20th, 2014?
14 A. Yes, sir. There was an inquiry made on March
15 20th of 2014.
16 Q. Do you know who -- why they obtained a copy of
17 his credit report on that particular day?
18 MS. MCALISTER: I'm going to make the same
19 objection based on privilege and instruct you not
20 to answer.
21 MR. CARD: Can you certify that question also
22 for me, ma'am?
23 By Mr. Card:
24 Q. When JP Morgan Chase wants to obtain a copy of
25 a client's consumer credit report, what procedurally is
Sayre, Scott 04-22-2014 Page 53 of 149
1 done to do that?
2 MS. MCALISTER: Object to the form. Vague.
3 By Mr. Card:
4 Q. Is there a written request? Is there an
5 electronic request?
6 MS. MCALISTER: Object to the form. Compound.
7 THE WITNESS: I don't know.
8 By Mr. Card:
9 Q. Who at JP Morgan Chase would know what the
10 practices and procedures are as it relates to obtaining
11 a consumer's credit report?
12 A. Again, someone within the credit reporting
13 entity of Chase I would think would have that knowledge
14 as to when and where they can do that.
15 Q. And why?
16 A. And why.
17 Q. And what is the credit reporting entity of
18 Chase? What does that mean?
19 A. I'm referring to the credit reporting
20 department.
21 Q. So there is an actual credit reporting
22 department in Chase?
23 A. I know in speaking with Mr. John M -- Mr.
24 McBride, that he manages the team that handles indirect
25 inquiries into credit reporting.
Sayre, Scott 04-22-2014 Page 54 of 149
1 Q. What are indirect reporting inquiries into
2 credit reporting?
3 A. Inquiries that come from the credit bureau
4 themselves, not from the customer.
5 Q. Is there a department within Chase that deal
6 with disputes that come from the customer?
7 A. I would think so, but I don't know. All I
8 dealt with was with Mr. John M, dealing with indirect
9 disputes.
10 Q. So an indirect dispute, so that I understand,
11 is a dispute that comes from a credit reporting agency?
12 A. That's correct. Yes, sir.
13 Q. Now, does JP Morgan Chase credit report to
14 TransUnion, Equifax and Experian?
15 A. To the best of my knowledge, yes, sir.
16 Q. And what, if anything, did J.P. Morgan Chase
17 report to Equifax and Experian as it relates to Mr.
18 Cassarino's account?
19 MS. MCALISTER: Object to the form. Vague.
20 THE WITNESS: I believe they submitted an AUD
21 to all those credit bureaus, which is Bates label -
22 - I'm sorry, 13, yes, sir.
23 By Mr. Card:
24 Q. Bates 13?
25 A. Bates 13.
Sayre, Scott 04-22-2014 Page 55 of 149
1 Q. And what specifically does this AUD do as it
2 relates to Mr. Cassarino's credit report?
3 A. To the best of my knowledge, it provided an
4 update to the credit bureau concerning the time frame
5 that Chase serviced the loan. And I believe they, you
6 know, indicated the account status was now transferred
7 and provided that to the credit bureau.
8 Q. Anything else?
9 A. I believe the account type, Number 26, which
10 is in the 5th box down -- I don't know if you see where
11 I am, sir -- the middle, under account information --
12 Q. Yes, sir.
13 A. About three lines down there is account type,
14 Number 26.
15 Q. And what does that mean?
16 A. To my knowledge, they corrected it, that is
17 the reporting type as far as the bankruptcy is concerned
18 and they were -- indicated that they were changing it to
19 bankruptcy petition, that the account was not
20 discharged. I believe at one point in time they had
21 reported the account as discharged or dismissed, I
22 think. And they were changing it as to the bankruptcy
23 was sti
