HARD INQUIRY FROM A COLLECTION AGENCY

[Anonymous]

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RobertEG wrote:

(A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer.

The Pintos court gave great weight to the word and in the section above.

"...intends to use the information in connection with a credit transaction...and involving the extension of credit to, or review or collection of an account of, the consumer." [emphasis mine]

The use of the word and here (rather than the word or) establishes that the mere collection of an account is not a sufficient condition to establish PP.  The first condition must also be satisfied.  In this case, that condition is "...intends to use the information in connection with a credit transaction..."  The Pintos court ruled that the "credit transaction" condition was not satisfied in the case at hand, and that the CA therefore had no PP.

Assuming the Appeals Court's decision is sufficient to establish precedent, doesn't that then imply that PP does exist in cases where the "credit transaction" condition is satisfied?

Although it has not (yet) been decided by a court whether a CA has PP when collecting on a credit-related account, this is why I believe they do.

[Anonymous]

Cheddar, that's pretty much what my friends said!!

[Cleanmachine]

Update on the "PINTO" case

Saw this on another Board

Court of Appeals rules in favor of Maria Pinto

http://www.latimes.com/business/la-fi-experian-privacy1-2009may01,0,3821982.story

[Anonymous]

Wouldn't any product, service or accomodation extended without payment on delivery or in advance be a form of credit.  Credit may be due upon receipt, net terms, revolving, installment, etc.

If so, then rent, utilities and medical are forms of credit where you pay at some point after.  In rent, you accumulate approximately 30 days useage, plus you usually have a rental/lease agreement with a term that you are responsible for.  Untilities provide services with net terms.  If you didn't pay the medical bill at the time of service, credit was extended in which you usually sign some form of "I agree to pay" often after an insurance disposition is determined.

Message Edited by txjohn on 05-02-2009 12:04 PM

[Anonymous]

My situation is a little different.  Does a CA for a $200 dish TV bill have the PP for a hard inquiry? Shouldn't the permission, if any, only applies to credit card transactions or new credit applications?  I can not think of any way a past TV bill becomes remotely relevant to initiating a new credit line.

[llecs]

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@Anonymous wrote:

My situation is a little different.  Does a CA for a $200 dish TV bill have the PP for a hard inquiry? Shouldn't the permission, if any, only applies to credit card transactions or new credit applications?  I can not think of any way a past TV bill becomes remotely relevant to initiating a new credit line.

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There's certainly debate on this forum, but the FCRA specifically includes collections as a reason for permissible purpose.

[Anonymous]

+1

[Anonymous]

..

Any one pulling your credit must have your consent to do so no matter what.

when contacting trans,exp,eq or collection agency's do so by certified mail

all inq stay for 2 years but can be removed if you did not give permission

for any company to inquire.

[Anonymous]

They are not allowed to do a hard inquiry unless you give them permission to pull your credit for a certain purpose.  They cannot do hard incuiries, and who ever quoted that law is misleading you.

[mch1brg76]

UpUpUp,

What ever happened with your issue when the collection agency pulled your credit for a zombie debt? My wife just had this happen a couple weeks ago. She got a call from a collection company about a debt they say she owed from 2003 (its now 2013). Turns out they did a hard pull on her credit report a few days later. She has asked them repeatedly to send her proof of the debt but they have not. She finally filed a complaint with the FTC and Attorney general today. Now she is wondering if she should contact an attorney as well. 

Thanks

Brad