A CA pulled several hard inquiries, reported by 2 different CRAs. They have a non-reportable tradeline (over 7 years), and refused to recode or remove the inquiries. Basically credit poisoning, since I have no negative tradelines and they tried to extort payment for the past SOL account. I filed suit and was immediately contacted by the CA's attorney to discuss settlement terms. OK, I know I have to not be greedy enough to force them into court. bottom line is that they inform the CRAs that the hard pulls were errors. Any settlement would have a provision to dismiss without prejudice, so I need to watch out for them putting weasel words. Any ideas on what to look out for?
1) It is my opinion that the FCRA does not permit hard inquiries for collections, but the cause of action for that would be against the CRA, not the CA. FCRA 604(c)(3) [§ 1681b] defines a hard inquiry: FCRA 609(a)(5) defines a soft inquiry: 2) I believe there is a second cause of action under the FDCPA for the CA for a false or misleading statement in an attempt to collect a debt (that the inquiry was initiated by the consumer). 3) There is also a possible cause of action against the CA and the CRA for reporting information outside the statutory period. There is no case law on any of these specific points, but I believe a case could be built. Too bad I didn't think of it until my own was too old.
