Ok, I have been reading through the forums regarding hard inquiries from a CA. I have read the recent ruling from the Pinta decision. Last night when reviewing my Experian report, it says at the top under Record of Requests for your Credit History: We make your credit history available to your current and prospective creditors and employers as allowed by law. Experian may list these inquiries for up to 2 years so that you will have a record of the companies that assessed your credit information.
Then under Inquiries Shared With Others:
This section below lists all of the companies that have reviewed your credit report as a result of an action you took, such as applying for credit or financing or as a result of a collection. The inquiries in this section are with companies that view your credit history.
New Ninth Circuit Decision Impacts Collectors’ Ability to Obtain Consumer Reports Published: October 01, 2007
"...However, a recent Ninth Circuit decision has thrown into doubt whether a debt collector has a permissible purpose to obtain a consumer report for the purpose of collecting a consumer's account. In Pintos v. Pacific Creditors Association, Nos. 04-17485, 04-17558, 2007 WL 2743502 (9th Cir. Sept. 21, 2007), the Ninth Circuit concluded that debt collection is not a permissible purpose for pulling a credit report unless the debt arose from a credit transaction.
The court held that debt collection, by itself, is not a permissible purpose to obtain a consumer report. Rather, debt collectors are authorized to obtain a consumer report for consumers only for the collection of a debt in connection with a voluntary credit transaction..."
So if the above clarifies this, I want Experian to remove it. I am worried about upsetting the apple cart with the CA (cause they are not reporting the collection). However, Experian allowing the inquiry and giving out my info and reporting it as a hard inquiry is illegal. The CA will be paid off completely tomorrow. It was for Amex Blue card that I posted about before (some lates and then they closed account and wanted entire balance and sent to collections). I want to send a letter to Experian telling them that they are breaking the law as I never initiated a credit transaction and the inquiry is not allowed as part of debt collections.
Any thoughts? Examples of a letter that I could send? I know I am not the only one with this that has had this happen to them. There seem to be a lot of posts on what should be done with this? If the CA is paid tomorrow from that AMEX bill and I hard hit them, I don't want them to do retaliation and report that collection. Hope I make sense.
