Valued Contributor
Posts: 2,667
Registered: ‎08-13-2009

Re: Collection Agency Access Credit Record to Use Against You

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

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

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