IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SANDRA CORTES 

Plaintiff,

 v. 

TRANS UNION, LLC 

Defendant.

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C.A. No: 05-5684

ANSWER OF DEFENDANT, TRANS UNION LLC

 Trans Union LLC (“Trans Union”), Answers Plaintiff’s Complaint as follows: 

I. Preliminary Statement

 1. Trans Union denies violating the Fair Credit Reporting Act, 15 U.S.C. §1681 et 

seq. (the “FCRA”), or other law, as alleged in paragraph 1 of the Complaint. 

II. Jurisdiction and Venue

 2-3. Admits the allegations of paragraph 2-3 of the Complaint, except venue is more 

appropriate in the District of Colorado. 

III. Parties

 4. Admits the allegations of paragraph 4 of the Complaint. 

 5. Denies the allegations of paragraph 5 of the Complaint, except admits Trans 

Union conducts business in Philadelphia County, PA. 

IV. Factual Allegations

 6-23. Denies the allegations of paragraphs 6-23 of the Complaint, except admits Trans 

Union is a “consumer reporting agency” as defined by the FCRA. 

Case 2:05-cv-05684-JF Document 2 Filed 11/29/05 Page 1 of 5
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V. CLAIMS

COUNTS ONE, TWO, THREE and FOUR

 24-48. Repeats and realleges each and every response to paragraphs 1-23 of the 

Complaint as if set forth at length herein. Denies the allegations of Counts One, Two, Three and 

Four, paragraphs 24-48 of the Complaint. 

VI. JURY TRIAL DEMAND

 49. No responsive pleading required. 

VII. PRAYER FOR RELIEF

 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 DEFENSE

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

SECOND 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 DEFENSE

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

is immune from suit under the FCRA. 

FOURTH DEFENSE

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

Union. 

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FIFTH 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 DEFENSE

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

entirely privileged and/or true. 

SEVENTH DEFENSE

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

estoppel. 

EIGHTH 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 DEFENSE

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

TENTH DEFENSE

Venue is more appropriate in the District of Colorado. 

ELEVENTH 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, 

KOGAN, TRICHON & WERTHEIMER, P.C. 

/s/ Timothy P. Creech 

TIMOTHY P. CREECH

1818 Market St., 30th Floor 

Philadelphia, PA 19103 

(215) 575-7618; Fax: (215) 575-7688 

email: tcreech@mstkw.com

Counsel for Defendant, 

Trans Union LLC

DATED: November 29, 2005 

Case 2:05-cv-05684-JF Document 2 Filed 11/29/05 Page 4 of 5
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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SANDRA CORTES 

Plaintiff,

 v. 

TRANS UNION, LLC 

Defendant.

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C.A. No: 05-5684

CERTIFICATE OF SERVICE

TIMOTHY P. CREECH, Esq., hereby certifies that he caused a true and correct copy of 

the foregoing Trans Union LLC’s Answer to be sent on this date, via the Court’s ECF Notice 

System, to the following:

Mark D. Mailman, Esquire 

FRANCIS & MAILMAN, PC 

Land Title Bldg, 19th Floor 

100 S. Broad Street 

Philadelphia, PA 19110 

215-735-8600; Fax: 215-940-8000 

Email: mmailman@consumerlawfirm.com

Counsel for Plaintiff 

 /s/ Timothy P. Creech 

 TIMOTHY P. CREECH 

DATED: November 29, 2005 

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