Hey all, do collection agencies have the right to put an inquiry on my credit report even though I didn't authorize it? I sent a validation letter to a CA which they haven't responded to, and I also sent them a cease and desist. I pulled my Equifax credit report today, and they put an inquiry on my report on April 29th. Is this a violation of the FCRA? Do I have grounds to take action against them or at least send them a nasty letter demanding that they not do this again?
If the inquiry is a "hard" inquiry and they pulled after their confirmed receipt of your validation letter, then yes this is a violation. This can be considered "continued collection activity". You may consider sending them a letter detailing this violation and others(ie: defamation, failing to validate, etc...) and let them know that if they do not validate you may sue them for damages.
jdog, Why did you send both the validation request and C&D? One (validation letter) is asking them to supply you with proof...etc...while the other (C&D) is telling them they are no longer authorized to contact you, and basically they are only allowed to send one last letter advising you what they're going to do (drop the debt, sue, etc). How far apart did you send the letters and were they both sent CRRR? BTW, Yes it is a violation for the CA to pull a hard inq. after they receive request for validation. As the previous poster pointed out, it is considered continued collection practice.
Not necessarily, I always send the C&D letter in the sample forum that says "Cease contacting me via the PHONE or any method other than USPS mail at the following address:" That way you are telling them they can not call you, can't send you letters at work or at my second address...etc. (since I have a cell phone bill come to work, I have a work address on my TU form which they REFUSE to delete) Technically it is a C&D for phone contact and should probably not be labled a C&D letter so I understand what you mean, and you are correct in that regard. -Peace, Dave
mindcrime, javan or other smarties! Hey, I was just dinged for 2 hard inquiries on my cred report by a CA after they had received my request for validation (CRRR). I'm inclined to think this is a violation - but I cant find the specific language in the FDCPA or the FTC opinion letters. Can somebody point me in the correct direction? Thanks T
Re: mindcrime, javan or other smarties! Never had a COLLECTION...but "PULLING A HARD OR TWO" doesn't sound like a PERMISSABLE PURPOSE!!!
Re: mindcrime, javan or other smarties! shameless bump - hoping to get an answer on this specific question. Thanks
Re: mindcrime, javan or other smarties! Sure. I have seen hard inquiries specifically noted as collection activity. Therefore the section of the FDCPA that prohibits collection activity during the validation process, would apply: Section 809 (b) From FairCreditmovement.com: 809(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Once you request validation of a debt the debt collector or CA must CEASE and DESIST (C&D) all collection efforts until they can provide complete validation of the account. They cannot call you, write you or report the account to the CRA's until they provide validation. I suppose you could also argue that it would fall under the FCRA in relation to permissable purpose for a hard inquiry. -Peace, Dave
