04-16-2013 08:01 PM
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.
Unfortunately UpUpUp hasn't been on since 2011.
04-17-2013 11:41 AM
The issue of hard pulls once the collection itself has become excluded from a consumer's credit report based on passage of 7yrs plus 180 days from DOFD also raises issues, at least in my opinion, of violation by the CRA if they code those inquiries as hard and includes them in credit reports they provide to others.
Section 605(a) precludes the CRAs from including information relating to a collection in a consumer report they issue after expiration of the CR exclusion period.
In order for a debt collector to have permissible purpose to pull a consumer's credit report, they must have active collection authority on the debt.
Thus, the obvious conclusion is that by including any inquiry by a debt collector in a consumer report issued to others, they are necessarily including the fact of an adverse item of information that is barred by FCRA 605(a)(4).
Yes, the debt collector may have permissible purpose, and thus receive the credit report, but I would argue that the CRA MUST prevent a record of that inquiry from any credit report they issue after expiration of the CR exclusion period....... i.e., they must code it as a so-called soft inquiry.