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§ 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:
(1) In response to the order of a court having jurisdiction to issue such an order, or a
subpoena issued in connection with proceedings before a Federal grand jury.
(2) In accordance with the written instructions of the consumer to whom it relates.
(3) To a person which it has reason to believe
(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; or
(B) intends to use the information for employment purposes; or
(C) intends to use the information in connection with the underwriting of
insurance involving the consumer; or
(D) intends to use the information in connection with a determination of the
consumer's eligibility for a license or other benefit granted by a
governmental instrumentality required by law to consider an applicant's
financial responsibility or status; or
A recent case in Washington state (I think) determined that there is no "credit transaction" when a CA is reviewing or collecting on an account, and therefore the CA does not have PP.
hstone wrote:
For those interested.§ 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:
...
(3) To a person which it has reason to believe
(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
PayYouNever wrote:
Noah, here's a question. A company called Sequoia Financial has a collections account on me, which they opened in April of this year. Then in August of this year that made what I believe in an Non-Authorized INQ, for what I have no idea?
My plan was to send Tuscani's Pay Me Lowlife letter this weekend CMRRR, but you've been talking about suing the CA. Under what grounds would I sue in small claims court? Obviously I'm looking for $1000 in damages, but does the CA have a PP considering I wasn't looking for credit from them, nor did I authorize them to look at my CBR. I was in contact with them regarding a late payment, but nothing else. Does that constitute PP?
Masdeocho, do you know the Washington state case? Because I want to sue this company in small claims court for the $1000, as they had NO RIGHT to do a Hard Inq. I wasn't looking for credit, employment or anything else. I think the CA wanted to see what my CBR looked like in regard to trying to determine where they would stand if they sued me to collect the debt; I do have an unpaid federal tax lien, meaning they're second in-line in any court case and there's also an unpaid judgment after that, so.... they're coming in a distant third. But that doesn't excuse the fact that they Hard Inq'd me.
Message Edited by PayYouNever on 11-16-2007 12:17 PM
@Anonymous wrote:
I have found inquiries on my report not initiated by me but did not know how to get them off. Thank you.Recently, I got a credit rejection letter from WFNNB for a Value City Furniture credit card. The reason listed were "Unable to verify personal information" and "Unable to verify fraud alert data." It is odd that they have my address, could they have gotten my address from Experian?I had recently recieved, reviewed and corrected my credit report from all three agencies. There were three potentially negative items. I disputed the (incorrect) items and have recieved confirmation from two of the three CRAs that the items have been removed.Question: Did the dispute automatically put a fraud altert on my report?After recieving the letter, I immediately logged onto Experian and did set a 90day fraud alert. As I entered the fraud alert I was shown my current credit report (no negative items - yeah!) But, I noticed an additional hard inquiry at a different address also from WFNNB.I assume that I am the victum of identity theft. I did not apply for these credit accounts. My letter to WFNNB did not threaten them but simply asked for the documentation.Should I also send a non authorized inquiry letter of the form included here? I have mixed feelings...if someone is trying to defraud WFNNB by getting credit in my name should they really have to pay me $1000? On the other hand, if everyone pressed this issue companies making inquiries might start being much more careful about verifying identity before checking credit or opening accounts.What do you think?
Hi, gfieler, which credit report are you looking at? Is it the short version from myFICO and other sources, or is it the full report from Experian?
If it's the full report, it shows two types of inquiries. "Requests viewed by others" are hard inqs. "Requests viewed only by you" are soft inqs. The soft inqs are allowed if they're for promotional purposes. Unfortunately, EX doesn't display the prefixes that say why the soft was done. Promotional softs have a PRM- prefix.
So anyway, if you saw these inqs in the "Requests viewed by others" section, they were supposed to have your OK first. If they were in the "Requests viewed only by you" section, they were probably for promos, deciding whether they wanted to mail you an offer, etc.