I am planning to sue; Lombard Information Resources AKA Lakeside Information Resources AKA Issuer's Clearinghouse Service For: They will not send me a copy of my consumer report unless I provide them with copy of my: a.) Paycheck b.) Tax Return c.) Medicare Insurance Card d.) W2 e.) NUMI form (what the hell is a NUMI form?) AND: They pulled my EXP report with no legitimate business purpose (no Permissible Purpose). --- I can use the GA Fair Business Practices Act and the FCRA for the 'wont send copy of CR' I am thinking of using 'Invasion of Privacy / Intrusion upon Seclusion' and the FCRA for the no PP. --- I want to file in small claims (Magistrate) court and I sincerely hope that by using this combination of laws the 'judge' will not allow the case to be removed to Federal court... --- Anyone have any thoughts, opinions, ideas? is this a bad idea? do you have anything I can use against them? -- I called the FTC hotline and filed a complaint against them for me and my wife but the operator kinda implied that it was up to the company what they require for ID. EXP, EFX, TU all take DL and SS card, LIR will not. I think that is enough don't you? --- I could use some help with this, it will be my first lawsuit...
looks like you're in Ga. You can approach the Office of Consumer Affairs and they'll investigate for you any offenses involving cras. they'll want you to send them a demand letter for any violations and then after the 30 days has expired, they'll look into it for you free of charge. You might also want to email David Szwak about this. There are several of us (myself included) who can't get their reports from them without what I consider too much identifying information. www.bjslaw.com
So they're making it impossible for those of us who: a.) Don't work c.) Aren't on Medicare d.) Don't work e.) Don't know what the hell a NUMI form is to get a copy of the information they're providing to others about us? Niiiiiiice.
___So they're making it impossible for those of us who: a.) Don't work c.) Aren't on Medicare d.) Don't work e.) Don't know what the hell a NUMI form is to get a copy of the information they're providing to others about us? ______________ waalien ------------------------======= =======------- Did they leave anybody out lol
You said that you planned on suing them. I asked WHAT ARE YOUR DAMAGES? You are asking for money correct?
and I ask again, why would I need damages? I'm not trying to be rude, Please tell me why I would need damages. Like I said in my first post, I've never done this before...
Some states allow strict penalties for violating the FCRA or that's states FCRA, but it is definitely better to have damages, otherwise the judge will wonder "why are you suing?" Personally, i would request a judge not a magistrate. A judge is more likely (IMO) to rule based on law, instead of their version of fairness.
You'll need to check with the court clerk, but, most small claims allow request for a judge hearing, sometimes for free, sometimes for a fee. Otherwise, I would file in county court. It is usually for more money, but you can still file pro se. As far as damages, if it is a hard inq., you need to apply for some credit, loan, etc. and be denied due to "too many inq." or due to it lowering your credit score. If it is a soft inq. you will need to be very knowledgeable about "non-permissable purpose" and read Marie's and Quixote's threads, Christine @ Bayhouse.com, Whysper's site (sorry, forget the address), FTC opinions, and caselaw, because you will be mainly arguing a pure violation of the law. The problem is, it is not a commonly known law. That's why I would choose a judge, over a magistrate.
Yeah, it is soft... the point is... They SAW my credit file without a permissible purpose. I considered including EX in the suit but they'd just say LIR said they had PP... this is REALLY REALLY hard guys, I could use some help with this...
So basically you are suing them for invasion of privacy and the fact that you don't think you need to provide them with a ton of info? Okay, pretend you're a judge and you just heard someone say that. You need to come up with much stronger case. Show how they are damaging your credit. Show how they are asking unreasonable things regarding ID. Just because EQ, EX and TU only ask for one sort of ID, doesn't mean that someone else can't ask for dfferent ID. I have to agree with the person you talked to at the FTC regarding that. Also, EQ, EX and TU all do things that differ from each other. Maybe I'm just not getting what you are saying PAE, but from my end, you need to be a helluva lot more convincing before you file a suit. IMHO.
If someone breaks into your house but doesn't steal anything and doesn't damage anything, can they not be arrested for breaking in? I know it's not a great example but you get the point...
Better yet, a peeping tom peers through your windows at night while you undress. that's invasion of privacy but no damages...
I can see where you are coming from PAE... you feel violated because they took a look around. I do too. But (please correct me if I'm wrong) when they pull a soft, don't they get different information than when they pull a hard?
RUMOR HAS IT...EXACT SAME INFO "HARD" AND "SOFT" The difference is they get to watch your score DROP WITH A "HARD"
Lakeside is a CRA. You don't need monetary damages. I've been waiting for someone to do this. But don't make this decision lightly Pae. Filing suit "can" be time consuming and difficult. I think in the case of Lakeside and their reports tho, it won't be too hard. I assume you've done a reasonable job of providing ID. I plan to pursue Lakeside shortly after the first of the year myself. Let me know if I can help you.
PAE, I think at this point I would write them another letter and include a copy of your drivers license, along with a utility bill with your address (account number, amount of bill, etc. whited out and tell them you decline to provide them with the items they requested due to privacy issues but you have enclosed proper identification. I would then again reiterate that they are required to provide you with a copy of your credit report and the enclosed properly established your identity. Then go from there... L
