I am going to file my first lawsuit in the next couple of days for No PP on an inquiry. I just want C'neters opinion on my case. I sent a request for PP on 7/20/03. Never got a response. Sent another request on 08/30/03. Got a letter saying there was an application submitted over the internet and they couldn't provide me with any documentation that I applied for this account. I sent back a letter stating that I never applied for an account over the internet. I got a response from them saying they pulled my credit under good faith that it was me applying for credit with them and that they still can't provide anything with a signature showing I applied with them. Well at one time I thought I saw an FTC opinion letter that said a click of a mouse isn't sufficient proof of permissible purpose. I sent an ITS letter to their registered agent on 11/15 and never heard back from them. They pulled my credit from all 3 CRA 2 seperate times. First will my case stand up if I file suit against them and second how many $1000 violations is this?
Re: Re: Just need some reassurance. Here is a link to the FTC letter, I think I finally found it. Read the answer to question 2. It says the following: In our view, a mouse click is far removed from "written instructions" and thus does not provide a permissible purpose pursuant to Section 604(a)(2) of the Act. The FCRA specifically allows this type of consumer consent in Section 604(b)(2)(B)(ii), which provides that certain job applicants may authorize a consumer report for employment purposes "electronically" as well as orally or in writing. Similarly, both Section 610(b) (file disclosure by consumer reporting agency) and Section 615(a) (adverse action notice by consumer report user) of the FCRA allow communications to be made in writing, electronically, or in other fashion. In other words, Congress knows how to provide for electronic communications in this statute, but has limited the permissible purpose provided by Section 604(a)(2) to "written instructions" by the consumer. The inquiries haven't been removed. Can anyone give me an opinion on this??
Re: Re: Just need some reassurance. There was no link to the original letter, however you have to remember that these are INFORMAL OPINIONS (not binding to the commission). However, since they are the administrative enforcement provider for the FCRA, hopefully their opinion carrys just a little bit of weight. 604(a)(3)(A) & (F)(i) To a person which it has reason to believe. Intends to use the information in conjunction 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. Otherwise has a legitimate business need for the information in connection with a business transaction that is initiated by the consumer. Unfortunately it gives them the wiggle room to have a good faith belief.
Re: Re: Re: Just need some reassurance. Sorry, here is the link http://www.ftc.gov/os/statutes/fcra/landever.htm I see what you are saying above but I have told them plenty of times that I never applied for this. If they would have just said we show you applied via the internet but if you say you didn't we will just remove the inquiries and be done with it. I am suing because they aren't cooperative and it took them over 2 months and 2 letters to them to even reply to my request. They still won't remove the inquiries even after I sent an ITS letter to their Registered Agent. I didn't even get a response from that letter. Even if they don't offer to settle and I lose, I still have cost them money in fighting it and that's good enough for me.
Re: Re: Re: Just need some reassurance. The point is that the only time they need to have the good faith reason to believe that you applied is the second that they pulled the credit report. Now, the good thing about if you WOULD choose to sue, is that you would force them to provide all of the details about who did attempt to use your information to apply for credit, and that may just allow you to find and prosecute who did attempt to use your SSN. So even if they are able to wiggle out of the pp question; sueing them MAY be of benefit to get them to divulge the information about who did try to use your info, so that you may be able to see them prosecutted for attempting to steal your identity.
Re: Re: Re: Re: Just need some reassurance. How can they find out who applied in my name and why wouldn't they have told me that in the first place? I hope they do though, if I find out I am gonna nail whoever did it!! I am FREAKING out about this now!! I have been reading some post on this site from about a year ago that people have sued for this type of stuff and then the company they are suing says they are going to counter sue for their attorney's fees. I just don't want to lose and be slapped with a judgement and have to pay their attorney's fees!! Would a judge actually award that to the company???
