UNITED STATES DISTRICT COURT 

 EASTERN DISTRICT OF PENNSYLVANIA 

 

GRACE LAWRENCE ) 

 ) 

 Plaintiff, ) 

 vs. ) 

 ) Civil Action No. 02-CV-4440 

TRANS UNION, LLC ) 

 ) 

 and ) 

CITY OF PHILADELPHIA ) 

 ) 

 Defendants. ) 

 )

PRE-TRIAL MEMORANDUM OF PLAINTIFF GRACE LAWRENCE 

Plaintiff Grace Lawrence, by and through her undersigned counsel, submits this Pre-Trial 

Memorandum in accordance with the Court’s March 21, 2003 Scheduling Order and Local Rule 

16.1(c). 

I. NATURE OF THE ACTION AND JURISDICTION

This is an action for actual, statutory and punitive damages1

 brought by an individual 

consumer, Plaintiff Grace Lawrence, against the Defendants Trans Union, LLC (“Trans Union”) 

for violations of the Fair Credit Reporting Act (hereafter the “FCRA”), 15 U.S.C. §§ 1681 et 

seq., as amended, and various other state laws.2 

Jurisdiction of this Court arises under 15 U.S.C. § 1681p, 28 U.S.C. § 1331, 1337, and 

supplemental jurisdiction exists for the state law claims pursuant to 28 U.S.C. § 1367. 

 

1

 Plaintiff also seeks recovery of attorneys’ fees and expenses pursuant to the FCRA’s fee shifting provision, 

15 U.S.C. §§ 1681n, o. 

2

 Defendant City of Philadelphia was previously dismissed from this matter.

Case 2:02-cv-04440-AB Document 17 Filed 06/11/2003 Page 1 of 8
II. STATEMENT OF FACTS 

In 1996, Ms. Lawrence won a small claims lawsuit in the Municipal Court of 

Philadelphia and had a judgment entered in her favor in the amount of $2,951.3 Despite 

prevailing in that action, at some point thereafter Defendant Trans Union, one of the national 

credit reporting agencies, began reporting this court record as a judgment against Ms. Lawrence. 

Ms. Lawrence had an otherwise excellent credit history; and this $2,951 judgment was the only 

derogatory account or information on her credit report. 

Ms. Lawrence first learned about this derogatory judgment being reported against her 

when Sallie Mae and Key Bank denied her application for college loans for her daughter’s 

education in 1997. Since that time, Ms. Lawrence has repeatedly disputed the inaccurate 

information with Defendant on multiple occasions including but not limited to: August of 1997, 

November 1997, December 1997 and February 2001. Further, Ms. Lawrence provided 

documentation to Trans Union, including the actual court docket that she obtained from the 

Philadelphia Municipal Court, demonstrating the gross error. Notwithstanding this, Trans Union 

continued to report the judgment on Ms. Lawrence’s credit report. 

Several times since 1997, Trans Union deleted the $2,951 judgment from Ms. 

Lawrence’s credit report, only to re-insert the same judgment a short time later. Indeed, Trans 

Union failed to remove this false judgment from Ms. Lawrence’s credit report until after she 

initiated this action in July 2002 at the advice of counsel. In all, the $2,951 judgment was 

reported against Ms. Lawrence for approximately six years. To make a bad matter worse, Trans 

Union falsely continued to inform Ms. Lawrence that it had contacted the Philadelphia Municipal 

 

3

 An individual named Thomas Frommer with whom Ms. Lawrence shared a car initiated the 1996 lawsuit in 

the Municipal Court of Philadelphia, docket number 11080, against Ms. Lawrence. Ms. Lawrence counterclaimed. 

Ms. Lawrence prevailed in the action against Mr. Frommer and won a $2,951 judgment on her counterclaim. 

2 

Case 2:02-cv-04440-AB Document 17 Filed 06/11/2003 Page 2 of 8
Court Records Department and that it had verified the judgments was entered against Ms. 

Lawrence. In fact, deposition testimony revealed that Trans Union never contacted the 

Municipal Court and that it was not aware as of just a few weeks ago whether anyone contacted 

the Municipal Court. Certified court records obtained during discovery in this matter leave no 

doubt that the Municipal Court had accurately entered the judgment in favor of Ms. Lawrence, 

and not against her. 

III. DAMAGES

A. Financial Losses/Harm To Credit 

As a result of the damaging and derogatory open judgment that Trans Union reported 

about her, and her consequently blighted credit reputation, Ms. Lawrence has been damaged in 

multiple ways. First, but not foremost, Ms. Lawrence has been outright denied various credit 

since 1997. Ms. Lawrence has been burdened with higher interest rates on her mortgage, car 

loan and credit cards than she should have had as a consumer with an excellent credit history. 

She has lost the opportunity to use funds, such as student loans and other credit, for herself and 

her family as well as to refinance and/or consolidate loans at lower interest rates. 

B. Dignitary Harm and Emotional Distress

Additionally, Ms. Lawrence has been defamed by the publication and dissemination of 

this false, derogatory information to other persons and entities, including virtually every credit 

grantor who has considered providing credit to her. Ms. Lawrence has also suffered great 

emotional distress, frustration, anxiety, and related symptoms, as well as great humiliation and 

embarrassment from falsely being identified for a period of approximately six years as an 

individual with an unpaid judgment on her record. Indeed, Ms. Lawrence has an excellent credit 

history but for this single, false, and derogatory entry in her Trans Union credit report. Finally, 

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Case 2:02-cv-04440-AB Document 17 Filed 06/11/2003 Page 3 of 8
Ms. Lawrence has incurred out-of-pocket expenses including, but not limited to, time lost from

work, local or long distance telephone calls, parking, postage, faxing and other related costs. 

These damages suffered by Ms. Lawrence are well recognized as cognizable under the 

FCRA. The range of awards for such cases are as follows: See Boris v. Choicepoint Servs.,

Inc.,WL 1255891 (W.D. Ky. March 14, 2003) ($100,000 in emotional distress damages verdict 

upheld as appropriate under FCRA upon defendant credit reporting agency’s post-trial motion); 

Thomas v. Trans Union, (D. Or. 2002) ($300,000 in compensatory damages for emotional 

distress and $5 million for punitive damages, remitted to $1 million); Johnson v. MBNA (D. 

Virginia 2002) (jury award of $90,300 for emotional distress and damage to reputation sustained 

against credit furnisher MBNA for negligent investigation of consumer’s dispute in violation of 

FCRA section 1681s02(b); Jorgenson v. TRW, Inc., C.A. No. 96-286 (D. Or. 1998) (jury 

awarding plaintiff $600,000 for compensatory damages for credit rating damage and emotional 

distress); Anderson v. Conwood Co., 34 F. Supp. 2d 650 (W.D. Tenn. 1999) ($50,000 in actual 

damages awarded in absence of testimony other than worry, stress and anxiety); Milgram v. 

Advanced Cellular Systems, Inc., 1990 WL 116322 (E.D. Pa. 1990) (jury award of $20,000 for 

credit damage, $20,224 in attorney’s fees); Stevenson v. TRW, 987 F.2d 288 (5th Cir. 1993) 

($30,000 in mental anguish and embarrassment damages, plus $20,700 in attorney’s fees); 

Collins v. Retail Credit Co., 410 F. Supp. 924 (E.D. Mich. 1976) ($21,750 for loss of reputation, 

embarrassment, in recognition of the “many subtle and indirect adverse effects upon a personal, 

social and economic life”, ($50,000 in punitive damages and $21,000 in attorney’s fees); Bryant

v. TRW Inc., 689 F.2d 72 (6th Cir. 1982) ($8,000 for embarrassment and humiliation, attorney’s 

fees $13,705); Jones v. Credit Bureau of Huntington, Inc., 399 S.E.2d 694 (W. Va. 1990) (jury 

award of $4,000 compensatory, $42,500 punitive upheld); Thompson v. San Antonio Retail 

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Merchants Ass’n, 682 F.2d 509 (5th Cir. 1982) ($10,000 actual damages for humiliation and 

mental distress even when no out-of-pocket expenses); Pinner v. Schmidt, 617 F. Supp. 342 

(E.D. La. 1985) ($25,000 in actual damages for negligent credit violations); Trans Union Corp.

v. Crisp, 896 S.W.2d 446 (Ark. App. 1995) ($15,000 in actual damages, $25,000 in punitive 

damages in a case involving reports which did not show that debts had been satisfied); 

Thompson ($10,000 for three credit denials); Thorton v. Equifax Inc., 467 F. Supp. 1008 (E.D. 

Ark. 1979) ($5,000 compensatory and $250,000 in punitive damages); Phillips v. David

McDermott Chevrolet, Inc., 1992 WL 67374 (Conn. Super. 1992) ($5,000 for credit rating 

damage); see also Dalton v. Capital Assoc. Indus., 257 F.3d 409 (4th Cir. 2001) (damages for loss 

of reputation are available under FCRA); Guimond v. Trans Union, 45 F.3d 1329 (9th Cir. 1995) 

(humiliation and mental distress damages available under FCRA); Morris v. Credit Bureau of

Cincinnati, 563 F. Supp. 962 (S.D. Ohio 1983) (nervousness, irritation and loss of sleep 

compensable under FCRA.). In FCRA cases, such damages do not require expert medical 

testimony. See Boris, 2003 WL 1255891 *5-7; see also Guimond, 45 F.3d at 1333.

IV. WITNESSES

 Grace Lawrence Liability and Damages 

484 Redbud Ct. 

Warrington, PA 18976 

 

Anna Lawrence Liability and Damages

484 Redbud Ct. 

Warrington, PA 18976

Donna Stout Liability and Damages 

 Chase Manhattan 

Delaware or New York 

 Eileen Little Liability and Damages 

Trans Union, LLC 

1510 Chester Pike 

Crum Lynne, PA 19022 

5 

Case 2:02-cv-04440-AB Document 17 Filed 06/11/2003 Page 5 of 8
 William Stockdale Liability and Damages 

Trans Union, LLC 

555 West Adams 

Chicago, IL 60661 

Former Trans Union Operator C5186 Liability 

Trans Union, LLC 

1510 Chester Pike 

Crum Lynne, PA 19022 

 Lorraine M. Ruiz Liability 

City of Philadelphia 

34 S. 11th Street, Room 580 

Philadelphia, PA 19107

 

Corporate Representatives of: Liability and Damages 

 

Superior Information Systems Liability and Damages 

P.O. Box 8787 

Trenton, NJ 08650-0787 

First Union National Bank Damages 

P.O. Box 13327 

Roanoke, VA 24040-0001 

 City of Philadelphia Liability and Damages 

1515 Arch Street 

 14th Floor 

Philadelphia, PA 19102 

V. EXHIBITS

P1 Ms. Lawrence’s Trans Union Consumer Disclosure dated 7/29/97 

P2 Ms. Lawrence’s Trans Union Consumer Disclosure dated 1/25/01 

P3 Ms. Lawrence’s Trans Union Consumer Disclosure dated 6/24/02 

P4 Ms. Lawrence’s Trans Union Consumer Disclosure dated 1/9/03 

P5 Correspondence from Trans Union to Ms. Lawrence dated 8/18/97 

P6 Correspondence from Trans Union to Ms. Lawrence dated 12/19/97 

P7 Ms. Lawrence’s Trans Union Reinvestigation Report dated 9/16/97 

P8 Ms. Lawrence’s Trans Union Reinvestigation Report dated 11/12/97 

P9 Ms. Lawrence’s Trans Union Reinvestigation Report dated 1/20/98 

P10 Ms. Lawrence’s Trans Union Reinvestigation Report dated 1/23/98 

P11 Ms. Lawrence’s Trans Union Reinvestigation Report dated 3/26/01 

P12 Ms. Lawrence’s Written Dispute to Trans Union dated 12/15/97 

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Case 2:02-cv-04440-AB Document 17 Filed 06/11/2003 Page 6 of 8
P13 Ms. Lawrence’s Written Dispute to Trans Union dated 2/18/01 

P14 Credit Card Denial Letter to Ms. Lawrence from Chase Manhattan dated 8/2/01 

P15 Loan Denial Letter to Ms. Lawrence from Sallie Mae dated 8/19/97 

P16 Loan Denial Letter to Ms. Lawrence from Key Bank dated 7/16/97 

P17 Loan Denial Letter to Anna Lawrence from Key Bank dated 7/16/97 

P18 Thompson Toyota/Beneficial Savings Bank Automobile Retail Installment 

Contract dated 7/17/99 

P19 Page seven of First American Credco Tri-Merge Report 

P20 American drew/Wells Fargo Finance Statement bearing 2/10/02 billing date 

P21 Trans Union Customer Relations System Documents produced by Defendant 

P22 Subpoenaed Documents received from Chase Manhattan 

P23 Certified Records from Philadelphia Municipal Court in Frommer v. Lawrence, 

Claim No. sc 96-06-11-1080 

P24 Disposition of Case in Frommer v. Lawrence, Claim No. sc 96-06-11-1080 

Obtained by Ms. Lawrence from Philadelphia Municipal Court 

P25 Service Contract Between Trans Union and Superior Information Services dated 

8/11/99 

P26 Deposition Transcript of Grace Lawrence 

P27 Deposition Transcript of Donna Stout 

P28 Deposition Transcript of William Stockdale 

P29 Deposition Transcript of Eileen Little 

P30 Deposition Transcript of Superior Information Services Corporate Representative 

P31 Deposition Transcript of Former Trans Union Operator C5186 

 P32 Deposition Transcript of William Stockdale in Evantash v. Trans Union, Civ. No. 

02-1188 (E.D. Pa.) 

P33 Deposition Transcript of Eileen Little in Evantash v. Trans Union, Civ. No. 02- 

 1188 (E.D. Pa.) 

P34 Deposition Transcript of Eileen Little in Williams v. Trans Union, Civ. No. 02- 

 2754 (E.D. Pa.) 

Additionally, Plaintiff reserves the right to also rely upon and enter into evidence any 

exhibits identified by Defendant. 

VI. TRIAL TIME

Plaintiff estimates that the entire trial should last no longer than three (3) days.

VII. SPECIAL ISSUES

Plaintiff intends to present certain demonstrative evidence at trial using software such as 

PowerPoint with a projector and/or overhead screen. Plaintiff would desire to coordinate such 

presentation with court staff and/or to use court equipment, and respectfully request direction 

from the Court as to how to set up such projector and/or overhead screen presentation. Plaintiff 

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Case 2:02-cv-04440-AB Document 17 Filed 06/11/2003 Page 7 of 8
8 

would agree to stipulate as to the authenticity and admissibility the certified court records obtain 

from the City of Philadelphia during discovery, the court docket disposition in Frommer v. 

Lawrence obtained by Plaintiff from the Philadelphia Municipal Court, the consumer reports and 

reinvestigation reports from Trans Union and correspondence sent to Plaintiff from Trans Union, 

as well as the ECOA denial letter from Chase Manhattan dated August 2, 2001. 

 

 Respectfully submitted,

FRANCIS & MAILMAN, P.C. 

BY: ___________________________ 

JAMES A. FRANCIS, ESQUIRE 

MARK D. MAILMAN, ESQUIRE 

JOHN SOUMILAS, ESQUIRE 

Land Title Building, 19th Floor 

100 South Broad Street 

Philadelphia, PA 19110 

(215) 735-8600 

Dated: June 11, 2003 

 

 

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