Credit Cards Center Credit cards from our partners
Reply
Moderator Emeritus
Posts: 6,794
Registered: ‎09-29-2007
0

Re: HARD INQUIRY FROM A COLLECTION AGENCY



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.
 
----------------------------
App free since 7/11/08.
TU 744 / EX 710 / EQ 694 (Starting to slip. Smiley Surprised )
Senior Contributor
Posts: 3,494
Registered: ‎05-25-2008
0

Re: HARD INQUIRY FROM A COLLECTION AGENCY

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

~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*

Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!

Frequent Contributor
Posts: 399
Registered: ‎04-30-2008
0

Re: HARD INQUIRY FROM A COLLECTION AGENCY

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

Senior Contributor
Posts: 4,214
Registered: ‎09-12-2008
0

Re: HARD INQUIRY FROM A COLLECTION AGENCY

[ Edited ]

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

Credit Scoring 101 - Tuscani   *  Guide to Common Abbreviations
Frequently Requested Threads * FICO High Achievers  *  FICO Score Estimator


09/03/2009 TU: 777, EQ: 776 ($8 balance on an account dropped me out of 780's)
03/28/2009 TU: 814, EQ: 810, EX: 781 (02/12/2009)
05/18/2005 TU: 563, EQ: 580, EX: 549
New Visitor
Posts: 1
Registered: ‎07-12-2010
0

Re: HARD INQUIRY FROM A COLLECTION AGENCY

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.

Moderator Emeritus
Posts: 32,865
Registered: ‎08-04-2007
0

Re: HARD INQUIRY FROM A COLLECTION AGENCY


applepoodle 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.


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

Senior Contributor
Posts: 3,626
Registered: ‎10-13-2009
0

Re: HARD INQUIRY FROM A COLLECTION AGENCY

[ Edited ]
+1
IAALBNYL
New Visitor
Posts: 4
Registered: ‎07-13-2010
0

Re: HARD INQUIRY FROM A COLLECTION AGENCY

..

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.

New Visitor
Posts: 1
Registered: ‎04-05-2012
0

Re: HARD INQUIRY FROM A COLLECTION AGENCY

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.

New Visitor
Posts: 1
Registered: ‎02-19-2011
0

Re: HARD INQUIRY FROM A COLLECTION AGENCY

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

Forums posts are not provided or commissioned by FICO. Forums posts have not been reviewed, approved or otherwise endorsed by FICO. It is not FICO's responsibility to ensure all posts and/or questions are answered.

Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.
† Credit cards for FICO Score ranges: The score ranges are guidelines based on internal myFICO analysis of actual applicant approvals, and having a FICO Score in a particular range does not guarantee you will be approved for credit cards recommended in that range. These ranges were not provided by any card issuer.

Copyright ©2001-2015 Fair Isaac Corporation. All rights reserved.   | Terms of Use | Privacy Policy | Sitemap

IMPORTANT INFORMATION: All FICO® Score products made available on myFICO.com include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more

FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.