Consumer Credit Protection Act?

I am having a problem with a company and I'm at a loss.

Now, I know that CCPA includes the FDCPA/FCRA, but what other rights are included in it?

Here's the problem...

In March I applied for an account with a merchant who's credit program is managed by Citi.

I was denied based on an alleged 'existing account'; the adverse action letter does not specify that a credit report was obtained for the decision, however guess what Citi did, they pulled a TU.

I was going to let it drop until I received the TU report listing the non-disclosed TU pull; so I immediately sent a letter.

Waited SIX weeks, and sent a you had 30 days to reply to my last letter, you didn't, you are further in violation of the FCRA, I am demanding an immediate response, surprisingly in under a week, I receive a "We can't find your application, please re-apply" letter. (Gee, if you would have replied six weeks ago, you may have been able to find it.)

Since this didn't address any of the violations, I sent another letter, and haven't heard back, as well as PlanetFeedbacked Citi.

Now, the fine-print of the second letter telling me to re-apply, actually had a legible copy of the ECOA notice; with the reference to the CCPA rights.

I had an account previously with that merchant; paid it in full with a lump sum payment while it was current, was contacted ONCE by Cap1/WestMoreland, sent a validation, and Cap1/WestMoreland deleted the account in under 3 days after they received the validation letter.

Now, wouldn't that dispute qualify as invoking my rights under the CCPA, therefore any adverse action based on that alleged account (FROM 1995 no less) be a violation of the FDCPA, - further collection activity - Citi was not whom managed their program in 1995. so it seems that Citi would fall under a CA in this matter; as well as a ECOA violation for the denial on based on the invoking of any of the rights under the CCPA.

Citi has never before, and STILL HAS NEVER contacted me regarding this alleged account, and even when I demanded that they provide the proof that they have contacted me, and what this alleged account is about, they have flatly refused to do so. And they are not listed on ANY of my CRAs. However, if they are acting as a CRA for themselves and denying based on their own information, don't I have a right to make sure that their alleged information is accurate?

 

However, under the FCRA, they need to include on the adverse action letter if a consumer credit report was obtained for the purpose of the decision. They didn't -- a violation.

So it can't be determined whether or not they obtained the report for the application, or for collection on the alleged 95 account.

 

Re: Re: Consumer Credit Protection Act?

The FTC's summary of the FCRA on the Statutes relating to the consumer protection mission of the FTC page describes the FCRA "Fair Credit Reporting Act (15 U.S.C. §§ 1681-1681(u), as amended)
The Act protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services.. . Also, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. Further, users must identify the company that provided the report, so that the accuracy and completeness of the report may be verified or contested by the consumer."

In other words, using the report requires the disclosure of the use of the report, no ifs, ands, or buts...

http://www.ftc.gov/ogc/stat3.htm

If they obtained a credit report in conjunction with processing the application, they must state that in the adverse action letter. The key is "in whole, or in part".

http://www.ftc.gov/os/statutes/fcra/schieber.htm

Also, according to the Cast opinion, in the event of any adverse reaction, they must provide the name of any and all consumer reporting agencies which provided information which in whole or in part lead to the adverse action.

http://www.ftc.gov/os/statutes/fcra/cast.htm

Since it is impossible to tell whether the information on the credit report was considered, the consumer has a good faith reason to believe that if a consumer credit report was requested in processing the application, that that consumer credit report had to at least in part be considered in the processing of the application; or else they had no permissable purpose to request said consumer credit report, since there is no reason to request the consumer credit report after they have already decided based on what they had on their own servers to adverse action.

http://www.ftc.gov/os/statutes/fcra/weisberg.htm

By their non-disclosure of the obtaining of the consumer credit report, they failed to provide the notice of the basic rights provided under the FCRA to obtain the copy of the credit report which was reviewed in consideration of the application.

 

Re: Re: Consumer Credit Protection Act?

Re: Citi as a CA in this case...

In this case Citi does not have the OC exemption, in 1995, the merchant was acting as their own bank, providing the credit on their own.

Therefore, they qualify as a CA since they "collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another."

They also don't apply for the originated debt exemption, or the debt not in default exemptions because since the account was supposed to have been paid off in 1995, it most certainly would have been in default before Citi obtained ownership of the alleged account, in 1999 (according to a listing from a more than one year old Experian report; which they couldn't verify when Experian asked them to verify).