The case of the day is Calderon v. Experian Information Solutions, Inc. (D. Idaho 2012). Jose Luis Calderon sued Experian for violations of the Fair Credit Reporting Act. He sought to take the depositions of three employees of Experian Services Chile, S.A., Experian’s “sister corporation,” located in Santiago. The witnesses were people who had “processed several of the numerous requests that [Calderon] had made to Experian to have incorrect information removed from his credit report.” Experian argued that Calderon could not take the depositions under the Federal Rules of Civil Procedure but instead had to proceed by letter rogatory (Chile is not a party to the Hague Evidence Convention). “This would mean,” the judge noted gravely, “that a Chilean judicial officer, rather than Plaintiff’s…
Tagged: Chile