IN THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MICHAEL R. RAY 

 Plaintiff, 

v. 

TRANS UNION CORPORATION, et al., 

Defendants. 

C.A. NO: 04-CV-2710 

ANSWER OF DEFENDANT, TRANS UNION LLC

Trans Union LLC (“Trans Union”), misidentified as Trans Union Corporation, by and 

through its undersigned attorneys, files the within Answer and avers as follows: 

1. Upon information and belief, admits the allegations. 

2. Denies the allegations, except admits only that Trans Union operates in the 

Eastern District of Pennsylvania. 

3-8. No responsive pleading required for allegations directed toward third parties. 

9. Trans Union does not contest this Court’s jurisdiction. 

10. Neither admits nor denies the allegations as conclusions of law. 

11. Denies the allegations that pertain to Trans Union, except admits only that Trans 

Union is a “consumer reporting agency” as defined by the Fair Credit Reporting Act, 15 U.S.C. 

§1681, et seq. (“FCRA”), and neither admits nor denies the allegations directed toward third 

parties. 

12. Denies the allegations, except admits only that Plaintiff is a consumer as defined 

by the FCRA. 

13. Denies the allegations as conclusions of law to which no responsive pleading is 

required. 

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14. Denies the allegations, except admits only that Plaintiff filed a bankruptcy petition 

on or about February 1, 2002 and received a discharge on or about November 21, 2002. 

15-16. No responsive pleading required for allegations directed toward third parties. 

17. Denies the allegations. 

18. Denies knowledge or information sufficient to form a belief as to the truth of the 

allegations concerning Plaintiff’s knowledge. 

19. Denies violating the FCRA or other law with respect to Plaintiff and neither 

admits nor denies the allegations directed toward third parties. 

20. Denies violating the FCRA or other law with respect to Plaintiff and denies 

Plaintiff’s characterization of documents, which speak for themselves. 

21. Denies the allegations and denies knowledge or information sufficient to form a 

belief as to the truth of the allegations concerning Plaintiff’s knowledge or emotions. 

22. Denies the allegations, except admits only that Plaintiff has repeatedly 

corresponded with Trans Union. 

23. Denies the allegations and denies violating the FCRA or other law with respect to 

Plaintiff. 

24. No responsive pleading required for allegations directed toward third parties. 

25. Denies the allegations and denies violating the FCRA or other law with respect to 

Plaintiff. 

26. Denies violating the FCRA or other law with respect to Plaintiff. 

27. Denies the allegations, denies violating the FCRA or other law with respect to 

Plaintiff, and denies Plaintiff’s characterization of documents, which speak for themselves. 

28. Denies violating the FCRA or other law with respect to Plaintiff. 

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29. No responsive pleading required for allegations directed toward third parties. 

30. Neither admits nor denies the allegations as conclusions of law. 

31-32. No responsive pleading required for allegations directed toward third parties. 

33. Neither admits nor denies the allegations as conclusions of law. 

34. No responsive pleading required for allegations directed toward third parties. 

35. Denies the allegations that pertain to Trans Union. 

36. Denies the allegations and denies causing Plaintiff harm for which he is entitled to 

relief. 

FIRST CAUSE OF ACTION 

(Negligence) 

37. Trans Union repeats and realleges each and every response to the preceding 

paragraphs as if set forth at length herein. 

38. Neither admits nor denies the allegations as conclusions of law. 

39-40 Denies the allegations. 

41-42. Denies the allegations and denies causing Plaintiff harm for which he is entitled to 

relief. 

SECOND CAUSE OF ACTION 

(Breach of Fiduciary Duty) 

43. Trans Union repeats and realleges each and every response to the preceding 

paragraphs as if set forth at length herein. 

44-46. Neither admits nor denies the allegations as conclusions of law. 

47-50. Denies the allegations and denies causing Plaintiff harm for which he is entitled to 

relief. 

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THIRD CAUSE OF ACTION 

(Breach of Duty of Loyalty) 

51. Trans Union repeats and realleges each and every response to the preceding 

paragraphs as if set forth at length herein. 

52. Neither admits nor denies the allegations as conclusions of law. 

53. Denies the allegations. 

54. Denies the allegations and denies causing Plaintiff harm for which he is entitled to 

relief. 

FOURTH CAUSE OF ACTION 

(Breach of Trust) 

55. Trans Union repeats and realleges each and every response to the preceding 

paragraphs as if set forth at length herein. 

56. Denies the allegations. 

57. Denies the allegations and denies causing Plaintiff harm for which he is entitled to 

relief. 

FIFTH CAUSE OF ACTION 

(Unfair Trade Practices Act) 

58. Trans Union repeats and realleges each and every response to the preceding 

paragraphs as if set forth at length herein. 

59-64. Denies the allegations. 

65. Denies the allegations and denies causing Plaintiff harm for which he is entitled to 

relief. 

SIXTH CAUSE OF ACTION 

(Violation of the FCRA) 

66. Denies the allegations. 

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67. Denies the allegations, denies violating the FCRA with respect to Plaintiff, and 

denies Plaintiff’s characterization of documents, which speak for themselves 

68-72. Neither admits nor denies the allegations as conclusions of law. 

WHEREFORE, Defendant Trans Union LLC demands judgment dismissing Plaintiff's 

complaint with prejudice, and awarding it such additional relief as the Court deems just and 

proper. 

 FIRST AFFIRMATIVE DEFENSE

The complaint fails to state a claim for which relief may be granted. 

 SECOND AFFIRMATIVE DEFENSE

Defendant Trans Union has, at all material times with respect to plaintiff, acted in good 

faith and complied fully with the FCRA and relevant state laws. 

 THIRD AFFIRMATIVE DEFENSE

Based upon the averments upon which Plaintiff=s claim is made, defendant Trans Union 

is immune from suit under the FCRA. 

 FOURTH AFFIRMATIVE DEFENSE

Any harm suffered by Plaintiff was not caused by any act or omission of defendant Trans 

Union. 

 FIFTH AFFIRMATIVE DEFENSE

Any harm suffered by Plaintiff was caused by Plaintiff's own conduct or the conduct of 

third parties over which Trans Union has no control or authority. 

SIXTH AFFIRMATIVE DEFENSE

With respect to Plaintiff, Trans Union's conduct and the alleged communications were 

entirely privileged and/or true. 

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 SEVENTH AFFIRMATIVE DEFENSE

Plaintiff's claims are barred by the doctrines of laches, unclean hands, waiver and 

estoppel. 

 EIGHTH AFFIRMATIVE DEFENSE

The claims contained in the complaint, which seek to recover punitive damages, violate 

the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the Constitution of the United 

States of America. 

NINTH AFFIRMATIVE DEFENSE

Plaintiff's claims are barred by the applicable statutes of limitations 

TENTH AFFIRMATIVE DEFENSE

Plaintiff, a resident of South Carolina, has brought this action at an improper jurisdiction 

and venue. In the alternative, venue is more appropriate in the District of South Carolina. 

 ELEVENTH AFFIRMATIVE DEFENSE

Trans Union reserves the right to raise additional defenses it learns through the course of 

discovery. 

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WHEREFORE, Defendant Trans Union LLC demands judgment dismissing Plaintiff's 

complaint with prejudice, and awarding it such additional relief as the Court deems just and 

proper. 

Respectfully Submitted, 

SATZBERG, TRICHON, 

 KOGAN & WERTHEIMER, P.C. 

 \s\ Christopher N. Jones 

 BRUCE S. LUCKMAN (38636) 

CHRISTOPHER N. JONES (81757) 

TIMOTHY P. CREECH (81728) 

1818 Market St., 30th Floor 

Philadelphia, PA 19103 

(215) 575-7600 

Fax: (215) 575-7688 

Attorneys for Defendant, 

Trans Union LLC 

DATED: November 24, 2004 

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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MICHAEL R. RAY 

 Plaintiff, 

v. 

TRANS UNION LLC, et al., 

Defendants. 

C.A. NO: 04CV-2710 

CERTIFICATE OF SERVICE

CHRISTOPHER N. JONES, Esq., hereby certifies that on this 24th day of November 

2004, Trans Union LLC’s Answer was filed electronically, that Trans Union LLC’s Answer is 

available for viewing and downloading from the ECF system, and that a true and correct copy of 

Trans Union LLC’s Answer was sent via U.S. Mail, to the following: 

Jill M. Czeschin, Esq. 

Piper Rudnick 

1650 Market Street, Suite 4900 

Philadelphia, PA 19103 

Counsel for Pier 1 National Bank 

Michael R. Ray 

P.O. BOX 100 

Myrtle Beach, SC 29578-0100 

Plaintiff, Pro Se 

 \s\ Christopher N. Jones 

 CHRISTOPHER N. JONES 

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