How do I stop an old collection owner from doing soft pulls?

[Anonymous]

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@Anonymous wrote:

In any case, soft or hard, if they have no pp, they are the same to my eyes. After sending a bunch of letters, I have just filed 3 suits this week. And ready to file two more next week. We'll see how it goes.  

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any updates?

Message Edited by WishIKnewThen on 10-11-2008 01:01 PM

[Anonymous]

I will start appearing in court in the next two weeks - so far 2 out of three have contacted me to discuss.

[RobertEG]

Section 604(a)(3)(A) of the FCRA specifically gives a CA the right to do a PP in order to review collection on the account.

[Anonymous]

We will see that in court.

603 (m) The term “credit or insurance transaction that is not initiated by the consumer” does

not include the use of a consumer report by a person with which the consumer has an

account or insurance policy, for purposes of

(1) reviewing the account or insurance policy; or

(2) collecting the account.

604 (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;

The permissibility is dictated by the presence of an account or a transaction. Review or collection of an account not a debt - has been interpreted already (Pintos v. CPA is one) as review or collection of an open and active account. In any case, a hard inquiry by a collector is NEVER permissible, as it does not involve Credit or Insurance transaction INITIATED by the consumer.