How is this inquiry dispute letter? Correct?

[Lawlover2]

Is my info correct - any suggestions?

To Whom It May Concern:     

It has came to my attention that IC Systems Inc requested a copy of my Experian credit report on July 31, 2007.  This report was not provided to you at my request and was not furnished in connection with a credit or insurance transaction initiated by me and therefore, this transaction was in violation of the Fair Credit Reporting Act (hereinafter "FCRA").  Specifically, 15 U.S.C. §1681(b) states that

“[a] consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph (A) or (C) of subsection (a)(3) in connection with an any credit or insurance transaction that is not initiated by the consumer only if (A) the consumer authorizes the agency to provide such report to such person; or (B)(i) the transaction consists of a firm offer of credit or insurance; (ii) the consumer reporting agency has complied with subsection (e); and (iii) there is not in effect an election by the consumer, made in accordance with subsection (e), to have the consumer's name and address excluded from lists of names provided by the agency pursuant to this paragraph.”  

Please see 15 U.S.C. § 1681n and 15 U.S.C. § 1681o for an explanation of the liability that you may be subject to for willfull or negligent non-compliance of the FRCA. 

Please remove this inquiry from my Experian credit report or I will have no choice but to file suit against you.

[Anonymous]

Here's my letter:

Dear Collection Agency:

On Date, 2007 your company made an unauthorized hard inquiry into my Credit Bureau credit report.

Collection Agency violated the FCRA by obtaining my credit report for debt collection efforts unrelated to a credit transaction (Pintos v Pacific Creditors Association, Case No 04-17485 (9th Circuit Court)).

From the FCRA

 § 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;

This letter is your formal notice to cease your unauthorized hard inquiries into my credit report and, a formal demand that you immediately contact the credit reporting agencies and credit bureaus where your organization has made inquiries into my credit history, to have your illegal hard inquiries removed. 

Please forward me documentation that you have had the unauthorized inquiries removed.

I wish to communicate solely in writing.  I can be reached at the address listed above.  Do not call me at any time or place.

Message Edited by dwarfess on 11-08-2007 03:03 PM

Message Edited by dwarfess on 11-08-2007 03:05 PM

[Lawlover2]

Thanks!!

[Anonymous]

Thanks, I am going to use it too because I have two hard inquiries from a collection agency that I posted about earlier.

[Anonymous]

You all need to update your letters.

Citing Pintos

(Pintos v Pacific Creditors Association, Case No 04-17485 (9th Circuit Court)):

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=52972&query.id=70193#M52972

[Anonymous]

I'm confused.  I thought that CAs were allowed to pull your credit report in order to collect on the debt.  Am I wrong because if so, I have a lot more typing to do!

[Anonymous]

You have a lot more typing to do!!!

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@Anonymous wrote:

I'm confused. I thought that CAs were allowed to pull your credit report in order to collect on the debt. Am I wrong because if so, I have a lot more typing to do!

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[Lawlover2]

I have read that case and I believe it just confirms what I have written so I didn't include it.  I guess I could.

[Anonymous]

I just want to make sure I understand this; if a ca is listed on your credit report as a collection account, they didn't have the right to do a hard inquiry?  Does it improve your score if you have these inquiries removed?

[Anonymous]

bump - I'm curious about the above question as well