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nathan wrote:
Consumer Recovery Associates put a hard inq on my exp on june 6. Can a ca put a hard on my report even though I did not request credit. I have tried to call exp to dispute because you can't dispute inqs online, what can I do to get this hard off my report. I don't even want to talk to these bastards from the ca. Is this normal practice?
FCRA § 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b]
(a) In general. Subject to subsection (c), any consumer reporting agency may furnish a
consumer report under the following circumstances and no other:
(F) otherwise has a legitimate business need for the information
(i) in connection with a business transaction that is initiated by the
consumer; or
(ii) to review an account to determine whether the consumer continues to
meet the terms of the account.
@RobertEG wrote:Citing dicta in case law does not establish law. The ruling in PInto v. Pacific was not that a CA cannot initiate a credit pull. Dicta pulled from the decision misstates the decision.As you stated:The Fair and Accurate Credit Transactions Act of 2003 made clear that debt collection was a permissible purpose for obtaining a credit report under Section 1681b(a)(3)(A) only in connection with a "credit transaction" in which a consumer had participated directly and voluntarily.
How can one possibly argue that one who entered into a credit transaction that led to a collection was not a transaction the was entered voluntarily into by the consumer?I dont think that the decision held this.Federal court decisions are not binding precedent upon any other jurisdiction unless appealed to a court of higher jurisdiction to which that court is bound.Please provide a jump site citation in the Fed Rep for this decision.
Message Edited by RobertEG on 07-07-2008 11:25 PM