<![CDATA[Consumerist: Negligence]]> http://cache.gawker.com/assets/base/img/thumbs140x140/consumerist.com.png <![CDATA[Consumerist: Negligence]]> http://consumerist.com/tag/negligence http://consumerist.com/tag/negligence <![CDATA[ Equifax Double-Reports Student Loan, Still Hasn't Corrected It 12 Attempts Later ]]> "David" can't get Equifax to correct his credit report. Since 2006, he's been trying to get them to remove a misreported student loan, and they've repeatedly ignored him or said it's not their fault. Because of this, David's credit report says he owes a total of $56,910 in student loans, instead of the accurate $28,455.
So what exactly is the problem? After 12 online (and phone) disputes to Equifax and 14 calls (and faxes) to the Direct Loan Servicing Center, each party seems to blame the other.

David is fed up with being given the runaround. He's drafted a very clear letter and faxed it not only to Equifax and the Direct Loan Servicing Center, but also:

  • U.S. Department of Education Federal Studen Aid Ombudsman
  • Nationwide Consumer Rights
  • National Association of Consumer Advocates
  • The Consumerist

Here's the letter, which we're printing in part to publicize Equifax's negligence but also as a guide for others who face a similar problem:

My name is [redacted] and I write this letter to each representative at once so that the issues of the past two years can be remedied and that the buck can, hopefully, stop being passed in regards to the gross errors on my credit report. I am not some typical, ranting customer who has an axe to grind, but rather someone who has had his Federal Student Loan credit falsely reported since July of 2006.

Just so we are all on the same page, I have filed 12 disputes online with Equifax and have called both Equifax and the Direct Loan Servicing Center 14 times (all documented) since July of 2006.

The issue is that my Federal Student Loan balance of $28,455 is being reported twice on my Equifax credit report. The initial account was opened in 09/2000 and then later consolidated in 07/06. However, rather than the balance for the 09/00 account being reduced to $0.00 and the status appearing as “consolidated”, the balance remained. The $28,455 balance also appears, as expected, on the 07/06 account.

Again, the issue is simply that my pre-consolidation account from 09/00 still has a balance of $28,455 as does my post-consolidation account from 07/06. This appears on my Equifax credit report as though I have a total balance owed to the Direct Loan Servicing Center of $56,910 between two accounts.

The Direct Loan Servicing Center has repeatedly verified that I only have one account with a balance, the 07/06 account, and that my only debt to them is $28,455. This was done by Brian Cornia at DL on 05/08/08 and previously by Stephanie (of Team 2) on 01/29/08.

So what exactly is the problem? After 12 online (and phone) disputes to Equifax and 14 calls (and faxes) to the Direct Loan Servicing Center, each party seems to blame the other. Direct Loans claims repeatedly that they are sending the correct information to Equifax, however, as seen in my credit report (below) from 24/Sep/2008, this is still not the case (this full credit report will also be faxed in full, this can be seen on pages 4 and 5).

It may very well be that Direct Loan Servicing Center is dropping the ball on this, but we feel it's ultimately Equifax's responsibility to ensure the accuracy of the data that it collects, places a value on, and then sells for profit to other companies. By misreporting David's credit history and failing to fix it for 26 months now, they're doing persistent damage to his credit history, and not providing a very reliable service to their own customers either.

(Photo: The Shining)

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Consumerist-5055088 Thu, 25 Sep 2008 21:46:38 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=5055088&view=rss&microfeed=true
<![CDATA[ Verizon Refuses To Help Locate Body Of Missing Woman For Four Days ]]> Verizon, which has no problem helping the government spy on its customers, suddenly turned stupid in June when a police department asked them for help finding the body of a woman who had been abducted on camera. Despite pleas from the woman's parents, the police, and the FBI, it was four days before a technician was sent out to the appropriate cell tower. When that technician gave the police the location info, they found Kelsey Smith's body within 45 minutes. Verizon won't respond to requests for an explanation of why they couldn't help sooner.

The Johnson County District Attorney, Phill Kline, told Fox News that Verizon not only seemed unhelpful, but possibly incompetent:

We did have a problem with Verizon. We're talking about 3 hours afterwards, they [the police] were already pushing for this information, with the sergeant speaking to Verizon directly at 2:30 a.m., demanding that this information be provided and it wasn't.

There was a lack of understanding on their end of what they were incapable of doing. I was on the conference call with Verizon, and we had three technicians telling us different things and using different terms, and we can't guess their mind. We've got a girl that's missing. We have a girl that's missing, we have a likely abduction, we need to find her.

Everyone involved in the search has made it clear that Verizon's incompetence had nothing to do with Kelsey's death, but it could have made the search a lot shorter, and saved a lot of people unnecessary grief. Unfortunately, when Verizon's president met with Kline and Kelsey's parents two months later, he brought three lawyers with him for protection.

Kelsey's mom told Fox, "If [Verizon] brought them because you think we're here to sue you, that's not what this is about." Says Kline, "They didn't realize that they have an opportunity... to establish a course that leads the way that is right and responsible, and instead they chose a different posture, and that's unfortunate."

Kelsey's mom:

We almost didn't get to say to goodbye to Kelsey, because of her body decomposition from being out there so long.

Kelsey's dad:

We never did get a why, that was the thing that was so frustrating, why can't you do this. That question was never answered.

"Why Did It Take So Long to Find Kelsey Smith?" (video) [MyFoxKC.com] (Thanks to Albert!)

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Consumerist-5051343 Wed, 17 Sep 2008 16:18:25 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=5051343&view=rss&microfeed=true
<![CDATA[ Capital One Mails Fraud Claim To The Person Committing Fraud ]]> "Lisa" writes, "I recently found out that I was a victim of identity theft." What shocked her, and us as well, is that after Capital One notified her that they'd approved the card with another address, they followed up by sending their fraud claim to the criminal's address instead of Lisa's.

Lil ole me. A twenty-seven year old female, simply a poor writer in LA.

Capital One Bank— while I appreciate them sending me a letter telling me they sent a credit card to someone with my SS# yet a different spelling of my name AND address than what is on my records at all three Credit Bureaus— why ON EARTH would they still send out a card?

I called Capital One immediately and successfully prevented the criminal from getting that MasterCard card approved. They went ahead and froze the account. After reporting this to Capital One, they send a fraud claim not to me, the victim, but idiotically to the CRIMINAL who stole my identity. This, in turn, alerted the thief (thieves) to take quicker actions with fraudulently using my identity.

This was an act of negligence as well as an unsavory business practice on Capital One's behalf. Capital One Bank has obstructed the law by aiding these identity thieves who are involved with a federal offense.

I mean, wouldn't it make sense for Capital One (and ALL creditors) to make it a company-wide, mandatory practice to alert the customer BEFORE processing ANY requests with mismatched information from the credit bureaus?

So, I called the Social Security and the Credit Bureaus to put a Fraud Alert on all accounts. Then, the LAPD. Capital One was "gracious" enough to give me the address that the criminal used— [redacted]. And courtesy of the White Pages, the residence of one Magdalena C.

What do I do now? Wait until the LAPD finds her? Call the cops on her? I mean, have they thought of looking this woman up on www.whitepages.com? The internet make identity theft so easy, and perhaps catching the criminals easier too.

I hope this Magdelena C. gets locked up for a LONG time.

Sincerely,
A Victim of Identity Theft

We agree that Capital One showed some extra special incompetence there with the fraud claim form. Maybe you should report what happened to the FBI too—that's a link to their local office locator.

Update: As our editor Ben Popken and some of our readers point out in the comments below, there are a few other things you should do, Lisa, to protect yourself.

  • Place a freeze on your credit reports. A fraud alert won't necessarily prevent future abuse. A freeze will.
  • File a report with the FTC's ID Theft Hotline: 1-877-IDTHEFT (438-4338) or http://www.ic3.gov/complaint/default.aspx
  • And make sure you filed an actual police report with the LAPD if you haven't already.

(Photo: Getty)

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Consumerist-5050866 Tue, 16 Sep 2008 21:51:59 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=5050866&view=rss&microfeed=true
<![CDATA[ Delta Makes Woman With Muscular Dystrophy Crawl Off Plane ]]> On July 20th, Julianna's (delayed) Delta flight landed in Atlanta at 7:30pm, with a connecting flight scheduled for 8:05pm. Julianna, who has muscular dystrophy, missed the connecting flight because nobody came with a wheelchair until 8:05—the same time the connecting flight took off. To make matters worse, the plane crew told Julianna she might make the flight anyway if she stopped waiting for help and got off the plane right now, so she crawled down the stairs on her own. When the wheelchair came she was "wheeled into a back room and advised" that her plane had taken off. But that was just the first half of her ordeal, and the next eight hours only got worse.

The employees in this room were debating who would get me to the ticket gate to be re-ticketed because it was no one's job and the appropriate personnel were not responding to their calls. After that was resolved I was given a new boarding pass for a flight expected to leave at 12:55 AM. Then this person advised me she cannot get me from a D Gate to Gate A9. She again called for the appropriate personnel who never showed. We waited by an elevator for someone she convinced to bring me over to Gate A even though it was not his job. I had to beg him to stop at a bathroom entrance and to wait for me and then he finally delivered me to Gate A9.

I was given a meal voucher for my INCONVENIENCE but could not purchase any food because again there was no one to bring me to an eating establishment, never mind wait on the long line for me to make a food purchase.

At 11:15 I advised the gate attendant I was dehydrated and cramping because I could not purchase any water. This is the only nice employee that treated me with dignity. The flight I was transferred to was supposed to leave at 10:22 PM but was delayed until 1:30 AM. This gate attendant went and brought me water off of the plane.

This gate attendant also made sure she finally found some one at 11:15 PM to push me to obtain food and another bathroom break. I arrived in West Palm Beach at 3:15 AM with no ride and had to again crawl into the shuttle service to get home.

I understand plane delays and waiting at airports, but is this how you treat your handicapped passengers???

The text above is from a letter Julianna has sent to Richard Anderson, Delta's CEO, who we hope will do more than send her another food voucher—like take real steps to make sure handicapped passengers are treated with a minimum of respect when they're traveling.

(Thanks to Chris)
(Photo: Andrei Dimofte)

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Consumerist-5030632 Tue, 29 Jul 2008 16:25:57 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=5030632&view=rss&microfeed=true
<![CDATA[ It's been a few weeks without a BPA story, ... ]]> It's been a few weeks without a BPA story, so here goes: Four parents in Ohio have sued Evenflo, Avent America, Handicraft, Playtex Products, and Novartis for using bisphenol A in their baby products. They're seeking class action status. [Washington Post]

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Consumerist-5018428 Fri, 20 Jun 2008 15:28:26 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=5018428&view=rss&microfeed=true
<![CDATA[ U-Haul Must Pay $84 Million To Man For Injuries ]]> con_uhaultrucksduo.jpgA Dallas court found U-Haul guilty of negligence for failing to maintain its vehicles properly, and awarded 74-year-old Talmadge Waldrip $84 million in damages, $63 million of which are punitive. "The truck's parking brake did not work at all," said the man's lawyer. "He stepped out of the truck and it rolled right over him."

U-Haul will appeal, of course, and announced that "the damages awarded are particularly outrageous given the circumstances of this case... The final verdict is another example of abuse of the legal system against corporate citizens in America."

What they failed to mention in their statement was that Waldrip's pelvis was crushed in the accident, "leaving him unable to walk and with no bowel control," and that "six previous renters had similar problems with the truck."

"Jury says U-Haul must pay $84 million to injured man" [Los Angeles Times] (Thanks to Peter!)
(Photo: Roland)

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Consumerist-382404 Mon, 21 Apr 2008 22:40:01 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=382404&view=rss&microfeed=true
<![CDATA[ Did FAA Allow Southwest To Fly Unsafe Planes To Avoid Flight Disruptions? ]]> Yesterday the FAA sought $10.2 million in civil damages from Southwest Airlines for neglecting to inspect the fuselages of 46 of its planes. In documents the FAA submitted to Congress, it alleges "the airline flew at least 117 of its planes in violation of mandatory safety checks" over a 30 month period. Southwest says its passengers were never in danger, and that it was an honest oversight that they caught on their own and revealed to the FAA—but (here's where it gets interesting) an FAA inspector has testified that Southwest continued to fly a plane after he discovered the failed inspections and notified them. Now the U.S. Department of Transportation and Congress are asking why the FAA didn't ground the planes as soon as they knew about the missed inspections, and a couple of FAA whistleblowers are leaking internal docs to the press. Only after the issue became public knowledge did the FAA seek civil damages.

The [whistleblower] inspectors say FAA managers knew about the lapse in safety at Southwest, but decided to allow the airline to conduct the safety checks on a slower schedule because taking "aircraft out of service would have disrupted Southwest Airlines' flight schedule."

According to statements made by one of the FAA inspectors seeking whistle-blower status, a manager at the FAA "permitted the operation of these unsafe aircraft in a matter that would provide relief" to the airline, even though customers were on board.

Laura Brown, an FAA spokeswoman, told CNN that the administration has taken action and that a supervisor who was in charge of overseeing Southwest is "no longer in a supervisory position."

Here's Southwest's response to the civil penalty news:
"The FAA penalty is related to one of many routine and redundant inspections on our aircraft fleet involving an extremely small area in one of the many overlapping inspections. These inspections were designed to detect early signs of skin cracking," the airline said in a statement Thursday evening.

"Southwest Airlines discovered the missed inspection area, disclosed it to the FAA, and promptly reinspected all potentially affected aircraft in March 2007. The FAA approved our actions and considered the matter closed as of April 2007."

According to CNN, "the safety inspections ignored or delayed by the airline were mandated after two fatal crashes and one fatal incident, all involving Boeing's 737, the only type of airplane Southwest flies."

(Thanks to Tzepish!)

"Records: Southwest Airlines flew 'unsafe' planes " [CNN]
(Photo: Boeing Photo)

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Consumerist-365203 Fri, 07 Mar 2008 13:07:09 EST Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=365203&view=rss&microfeed=true
<![CDATA[ Woman Dies On AA Flight After Being Refused Help, Then Given Empty Oxygen Tanks ]]> con_AAdeathplane.jpg A 44-year-old Brooklyn woman was returning from vacation in Haiti when she began to have trouble breathing. According to her cousin who was on the flight with her, she was refused help twice by the flight attendant, then she was brought two oxygen tanks with masks—but both were empty. Her cousin requested an emergency landing, but before they could touch down in Miami she was dead, so the plane continued to JFK. The airline isn't commenting on why the emergency tanks were empty in the first place. "After the flight attendant refused to administer oxygen to Ms. Desir, she became distressed, pleading, 'Don't let me die,' Mr. Oliver recalled."

He said other passengers aboard Flight 896 became agitated over the situation, and the flight attendant, apparently after phone consultation with the cockpit, tried to administer oxygen from a portable tank and mask, but the tank was empty.

Mr. Oliver said two doctors and two nurses who were aboard tried to administer oxygen from a second tank, which was also empty.

Sonja Whitemon, a spokeswoman for American Airlines, would not comment on Mr. Oliver's claims of faulty medical equipment aboard the plane.

Ms. Desir was placed on the floor and a nurse tried to resuscitate her, but to no avail, Mr. Oliver said. "I cannot believe what is happening on the plane," he said, sobbing. "She cannot get up, and nothing on the plane works."

Thus continues American Airlines' zero-tolerance rule to illness and health emergencies, and their devotion to creating unsafe environments for employees and passengers.

(Thanks to everyone who sent this in!)

"Woman, 44, Dies on Plane With 2 Empty Oxygen Tanks " [New York Times]

(Airplane photo: Adrian Pingstone)

UPDATE: American Airlines disputes this story.

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Consumerist-360388 Mon, 25 Feb 2008 11:38:49 EST Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=360388&view=rss&microfeed=true