Not a corporation... are you reading the PP penalty? If you are, don't panic yet: http://www.ftc.gov/os/statutes/fcra/greenblt.htm
Read the Greenblatt letter. He uses the word "consumer" vs. natural person. "Natural person" is not defined in the FCRA.
Here's the definition I found for "natural person." Hope it helps: NATURAL PERSON (n.) -- A human entity who looks out upon the morning rain, feels uninspired, has to face another day which makes him or her feel so tired, until such point as that entity meets a significant other whose love is the key to his or her peace of mind, except when such entity's soul is in the lost and found. Doc P.S. Oops, wrong definition. Here are some correct ones: -- http://www.revenuesa.sa.gov.au/fhog/fhogdefterm.html -- http://www.arpla.org/state10.htm -- http://www.visi.com/~fredg/detax_unmasked/person.html
I read the Greenblat letter. I suppose a brokerage firm could be a partnership, which may well involve "natural persons." Therefore, it wouldn't necessarily be relevant to determining whether or not a corporation faces liability for pulling a credit report without a permissible purpose. But, I have to tell you this is bizarre. What this seems to suggest is that corporations are immune from liablility for something that a regular guy would be liable for (i.e. pulling a credit report without the consumers consent). This would seem to violate the Equal Protection provision of the U.S. constitution. But more to the point, a number of the posts here seem to suggest you can successfully sue for $1000.00 if a bank pulls your credit report without a permissible purpose (i.e. without establishing a relationship). Yet, the FCRA seems to specifically exempt corps from such liability. Who can solve this riddle?
Ok here I go thumping the FCRA again: § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1)(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or (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; A non PP pull of a consumer report is a violation of the FCRA regardless of whether it is a natural person or a regular person. The statutory damages would fall under (1)(A) and not under (1)(B) for a company.
Thanks. I get it now. But, it seems the liability may be as little as 100.00 and a person would have to bluff or bully their way up to 1000.00.
That was the sound of a jet engine roaring over my head. Man, that one was going right past me, until I read it a third time. Good one, PsychDoc wajaba
