Re: Re: Re: I won lawsuit #4 for $1000 If what you are saying is correct, then you possibly have a good case for $10,000. The statute of limitations for filing suit is 2 years from the date of each inquiry. I think you should seriously look into this!
Re: Re: Re: I won lawsuit #4 for $1000 i'm confused...i thought that AR's were permissible. reading the fcra, it says: § 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b] (3) To a person which it has reason to believe (A) 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; or ... so, if they plan on extending an offer of credit, it's permissible, right? if i'm incorrect, PLEASE let me know so i can start sending out some non-PP letters!!!!
Re: Re: Re: Re: I won lawsuit #4 for $1000 So, are "YOU" involved in the process of extension of credit ? Did you apply for credit with that creditor? Or, Do you currently hold an account with that creditor ? If not, no PP. Burden of proof is on the creditor to prove that they have permissible purpose.
Re: Re: Re: Re: I won lawsuit #4 for $1000 If the consumer is applying for credit from a specific creditor, then 604(a)(3)(A) provides a valid PP for the creditor to pull the CR. If the consumer has an open account with the creditor, then 604(a)(3)(A) provides a valid PP for the creditor to review the consumer's open account. If the account has not been paid, then the creditor also has PP for collection purposes. However, vghost said that his/her CC account was already closed and paid, that there was no new application for credit, and that the creditor pulled the CR after the account had been closed. The Benner FTC Opinion Letter says that once an account is closed and paid, there no longer exists any account to "review" and therefore no PP exists for the creditor to receive a CR from a CRA. If this happened ten times, then they should be more than happy to write vghost a check for $10,000. As far as "extending an offer of credit" is concerned, this is covered under 604(c) regarding credit or insurance transactions that are not initiated by the consumer. However, this section does not refer to an "account review" but rather to a "promotional" type inquiry in which the creditor only receives limited information (i.e. name & address) from the CRA and where the transaction consists of a firm offer of credit or insurance.
Actually, I said "IF" I had such a case - just wasn't sure if I understood it correctly. However, it doesn't make your explanation less useful and educational for all of us. Thanks!
Might I suggest you guys read the Isaac-Gown letter available at: http://www.ftc.gov/os/statutes/fcra/gowen.htm It will clear things up regarding PP on closed end or paid accounts.
Re: Re: Re: I won lawsuit #4 for $1000 Let me modify the situation slightly. Let's assume Sears closed the account in, say 1997, then wrote it off in 1998, and finally, sold the account in 1999 to a third party. At this point the balance at Sears is -0-. Sears is known to continue to pull AR months after selling off the bad debt. Would you agree that AR pulls after Sears SOLD (not assigned) the account is non-permissable? After all, Sears is no longer collecting on the account.
Re: Re: Re: I won lawsuit #4 for $1000 Were debating that same exact issue in another topic. (GURUS ONLY PLEASE). If you find anything definitive, please post it for us to see. The question of the day is: Once an OC sells an account to someone else, can they continue reviewing your report. I'm of the belief that once it's sold, the OC looses all rights to it. The relationship has ended between you and the OC when they sell it. Therefore, a new relationship continues on with the company who purchases it.
