Credit Card Center Advertiser Disclosure

Valued Contributor
Posts: 3,022
Registered: ‎08-13-2009
0 Kudos

Re: Collection Agency Access Credit Record to Use Against You

Frequent Contributor
Posts: 322
Registered: ‎11-15-2008
0 Kudos

Re: Collection Agency Access Credit Record to Use Against You

[ Edited ]

HappyDays wrote:

The 9th district court has stated:  Once an account is closed NO ONE has PP. An account must be closed in order to be placed in collections!


A CA never has PP to pull your CR because you did not ask them for credit!


Everyone should opt-out with the CRAs. When you opt-out it keeps the CRAs from selling you info.


They must have PP to pull CRs.


What is the DOPFD and your SOL?


Never talk to a CA!

Message Edited by HappyDays on 09-28-2009 09:25 AM


Not exactly.


First of all, any decisions by the 9th Circuit only apply within their judicial district -- one of 14. 


Secondly, you are misstating not only the facts, but the actual court decision in Pintos v Pacific Creditors Association.  Plaintiff's claim rose from an inquiry placed by a collection agency regarding a debt incurred after plaintiff's car was towed and subsequently impounded and most unequivocally not as a result of a consumer credit transaction.


Circuit Judge Clifton, in writing the court's decision, made it exceptionally clear:


"FACTA makes clear that debt collection is a permissible purpose for obtaining a credit report under § 1681b(a)(3)(A) only in connection with a “credit transaction” in which a consumer has participated directly and voluntarily." [Emphasis added]


CA most certainly do have permissible purpose to pull your credit report for consumer credit accounts in collection subject to certain limitations I have already pointed out.  I mean, come on ... one can just use a certain degree of logic even if one is confused on the law -- even skip tracing is permissible purpose. 


While a great moderator, you might consider not offering legal advice unless you are actually an attorney. 


Message Edited by Underh20 on 09-28-2009 04:45 PM

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.

* For complete information, see the terms and conditions on the credit card issuer’s website. Once you click apply for this card, you will be directed to the issuer’s website where you may review the terms and conditions of the card before applying. While myFICO always strives to present the most accurate information, we show a summary to help you choose a product, not the full legal terms - and before applying you should understand the full terms of products as stated by the issuer itself.

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

IMPORTANT INFORMATION: All FICO® Score products made available on 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.