I am ticked off that a hospital that I used ran credit information on me, after I paid the bill. the information they ran included a score... they contend they only got identifying information (header info) plus a score. Experian sells the info only with the score... Of course, I don't really know the extent of what they saw... My contention is that they didn't have permissible purpose in the first place... but if they did... they certainly didn't after I paid the bill (and that's when the inquiry was run). so I've been searching: how long does a company have a permissible purpose??? If your account is paid, do they? If it's closed, do they??? Well, I found a lovely ftc opinion... http://www.ftc.gov/os/statutes/fcra/benner.htm FTC Excerpt: 1. How long after a consumer terminates an account does a previous credit card issuer or lender have access to the consumer's credit file? Section 604(a)(3)(A) of the FCRA provides a consumer reporting agency ("CRA," usually a credit bureau) with a permissible purpose to provide a report on a consumer to a person who "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."(1) Once an account is closed because the consumer has paid the debt in full (and also, in the case of an open-end account such as a credit card account, notified the creditor to close the account), it is our view that no permissible purpose exists for a CRA to provide file information on a consumer to the creditor. Because there no longer exists any account to "review" and the consumer is not applying for credit, the FCRA provides no permissible purpose for the creditor to receive a consumer report from a CRA. I enclose a recent staff opinion letter (Gowen, 04/29/99) that discusses this issue in more detail. and the Gowen case referred to is: http://www.ftc.gov/os/statutes/fcra/gowen.htm
DISPUTE FIRST, ASK QUESTIONS LATER... File FRAUD charges on them if it doesn't get removed~~~NO "PERMISSABLE PURPOSE"
That hospital needs to be investigated Why are they pulling credit histories of patients who owe NOTHING Something smells foul!
No, I'm playing a bit of hardball... I already sent the demand letter. Past that, I am suing for no permissible purpose and will file criminal charges if I can. My contention is also that I don't know who has seen my information. I purposefully didn't give my ssn to the hospital, but now their accounting department has it. They have no right to use my ssn as identifying information in the first place... and now they have all my info. THis is exactly how identity fraud occurs. They can't even tell me who saw my information, meaning they have no real security over their accounts and all my information... I am beyond mad at this... and while they've apologized, that's not enough. I will push this issue through my state's atty general's office. If I have my way, they'll get state fines too. If they'd done it while the account had a balance, they might have a leg to stand on. But at that point, they weren't screening my identity to make sure I was who I said I was (they'd have had to do that one at admissions)... and they didn't do it as a collection of an account (it was paid). they were just in my information for no reason. I no longer accept apologies, I want real restitution. And I also think the practice of Experian selling scores with header info needs to stop... but that'll be a different issue.
Hi Marie, This is similiar to Christine's (Bayhouse) ka-ching of $1,000 from Well's Fargo. She faxed a request for their permissable purpose and absent that requested they make arrangements to have $1,000 wired into her account. WF wrote back, contending permissable purpose was a business transaction in response to a legal action she'd filed or was threatening. Once she received their contention of purpose in writing, she faxed letter with FTC Opinion saying it wasn't permissable; asked for her $1,000, deletion of the inquiry and received both. Here's the link if you've not already read it: http://www.bayhouse.com/credit-forum/showthread.php?threadid=229