Suing for Non-PP

[Anonymous]

Ok, a CA did a hard pull in January.

I have DV'd them after receiving notices. They've not responded and not reported anything.

I sent the Non-PP letter in April.

No response.

Inquiry remains.

It is 1 of my only 2 inquiries on my TU report. The other inquiry from Nov 2007.

Am I right in believing that removing this inquiry would probably gain me some points?

Can I sue in small claims for "willfull noncompliance". I was reading FCRA and it states in 616(a)(1)(B)

 in the case of liability of a natural person for obtaining a consumer report

under false pretenses or knowingly without a permissible purpose, actual

damages sustained by the consumer as a result of the failure or $1,000,

whichever is greater;

So, even if they argued they had PP as a CA, could I not argue that by them not responding to the DV and not providing proof of the debt, they pulled the report knowingly that they had no proof of such debt and therefore could not collect on it, so no permissible purpose existed?

[Anonymous]

Just wanted to add- 

I would probably have just overlooked it and forgot about it. If I were to win, not sure it would be worth the hassle anyhow. BUT....before my spouse and I were "FICO Smart-er", the CA called and my spouse said to them over the phone...."This debt is disputed, please send validation".....not knowing that it had to be in writing.

So, when they called back a few days later, my spouse says you are violating our rights by collection before you validate.(We were a little FICO smart) and the guy from the CA responds with a chuckle and "so what ya gonna do about?" and then says "you want to talk to the big man" aka supervisor and the supervisor instructed us that a DV was only valid if in writing.

So we sent the DV off the next day and they went away.

So seeing that they believe they can violate FCRA/FDCPA, part of me wants to show them "what I'm gonna do about it"

I am really not like that to other people, but the CA guy was an (insert your favorite negative here).

[Anonymous]

It sounds like a slam-dunk $1000!  Teach em a lesson sidewinder!!  =)

[Anonymous]

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fender wrote:

It sounds like a slam-dunk $1000!  Teach em a lesson sidewinder!!  =)

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I have the small claims paperwork, just that I know some violations you can't sue directly for. Places like FTC or something does.

I think I am going to file a complaint with the AG office first. See how that goes.

Message Edited by sidewinder on 05-08-2008 07:50 PM

[Downto0]

Old thread alert!!!  This thread is somewhere around 4 years old but it brings up a point I have wondered about.  If a consumer cmrrr's a pp letter to a CA and the CA does not respond and then they pull again, do they have pp when they have not show their assignment of the debt when requested?

I know that CRA's take for granted that collectors do have assignment but at what point do they have to provide it?  I would think that a consumer asking for it would be that point.