Could someone forward me a copy of the letter. I've sent one of my own, but I think it was kind of weak...I'd like to see one that actually worked! Thanks!
So this is basically what I would bring my actions under, correct? Should I include this info in my $$$ request letter? Thanks for the help all.
Butch, I agree, a 'lousy' grand is not enough to teach these Baskets a lesson is it? (I was gonna be rude) Also Butch, did you get your 'lousy' grand yet?
Damn got timed out again Here's my revised post: Well we have a delimna. LOL Hard and soft Inq's reveal the same information and are actionable. The Inq. that Tac has described is the classic promotional inq. where only the header info is revealed. The violation is predicated on the fact that they got your private information without your permission. Allen has it dead on. Someone could get your info. for clandastine purposes. Whether it's a hard or a soft pull makes no difference at all. They still get your full report. The only thing that distinguishes the difference between soft or hard is the fact that soft's are not viewed by potential creditors and hards are. Promotional inquiries, on the other hand, only pull up header information not the complete credit report. See? In my opinion the most rediculous part of this whole thing is this silly $1,000. I make a lousy grand with a HELL of a lot less work than this takes. My point is I'm gonna nail these jokers for accessing my report. This is my take. I hope I'm right, it'll mean more money won't it?
I haven't even gotten the green card back yet. Tac's right it takes a long time. But hey a grand every 90 days, that's $333 mo. That's a new car, almost. LOL
Under what law do the CRAs maintain that it is illegal to remove an inquiry and that the inquiries are a statement of fact?
That their reporting must be 100% complete and accurate. I guess where inqs. are concerned, suddenly 100% complete and accurate becomes critically important. LOL Maybe Marie will weigh in here. I think she's a PP expert. ~
Dudette, ~ September 03, 2002 XXXXXXXXXXX Bank 123 Main Street Anytown USA 12345 EXECUTIVE MANAGEMENT TEAM Bill Smith Chairman and Chief Executive Officer Mary Jane EVP, Consumer Credit Card Marketing/Operations Certified Mail # xxxx xxxx xxxx xxxx xxxx (2 Pages + Copy of Denial Letter) To whom it may concern: To my absolute astonishment I received a denial letter dated 8/20/2002, (enclosed) regarding a credit card I allegedly applied for during a telemarketing call by your company on 8/9/02. I had a long conversation with both the marketing agent, who identified himself as Bill XXXXXXX, and the verifier who identified himself as Luke. I repeated 5 separate times (2 + 3 respectively) that am NOT authorizing an inquiry into my credit reports. Here is a brief outline of that conversation; Bill said: "You've been preselected to receive our card. All I need to do is verify your address so we don't send your card to somebody else". I asked: You do not have to pull a CR correct? Bills reply: "Nope you're all set". Again I asked: You say I'm 99.999% guaranteed. Bill replied: You've already cleared through all the hurdles, that's why we're calling you. Bill then transferred me to Luke, your verifier. Luke said: "You were preselected for this card because a credit reporting agency determined that you meet Our Silly Companies predetermined criteria for credit worthiness". And again; I said, You don't need to pull a report right? "No they look at copies of your report that have already been pulled so it would not be necessary to pull another one". I have received calls like this before and lived to regret it every time. Your people are experts at verbal slide of hand and outright lying just to get the application processed. Upon reviewing my Experian credit report, I noticed that (Your silly Company) obtained my credit report on 8/15/02. I did not authorize this inquiry and took valiant steps to make sure it did not happen. In fact you will note that my SSN is recorded in your system as 123-12-1234. I purposely declined to give my SSN so no credit report could be pulled. § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a)(1)(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater; Please explain your permissible purpose for obtaining my credit report. Please IMMEDIATELY DELETE the inappropriate hard inquiry from my Exp. credit report. An inquiry without a corresponding account is VERY detrimental to ones credit score. Please arrange for payment of $1,000 by 9/20/02. Unless both of these remedies are supplied by 9/20/2002, I will be forced to file suit against you for numerous willful and negligent violations of federal law, state law and my rights as a consumer. In your written reply please provide the name, address and phone number of your "registered agent". Your reply can be faxed to: xxx-xxx-xxxx. Regards, Mr. Butch § 619. Obtaining information under false pretenses [15 U.S.C. § 1681q] Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both. § 621. Administrative enforcement [15 U.S.C. § 1681s] For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement or prohibition imposed under this title shall constitute an unfair or deceptive act or practice in commerce in violation of section 5(a) of the Federal Trade Commission Act [15 U.S.C. § 45(a)]...
i hate to add no substance to a thread, but please please please sue transouth for as much money as you can. they are despicable people. that is all.
I like your letter. Menacing but businesslike. I took as inspiration for my own letter one that Christine posted at Bayhouse (link). I'm fighting the same battle with Macy's right now. They just offered me deletion of the inquiry and of an old paid collection still showing on my TU report. It's going to fall off in nine months anyway, so I told them to try again.
I don't even know who they are, I've never had interaction from or with them except that they pulled my credit report. (notice that I did not specify what CRA they pulled from) On that note, should I tell them what CRA they pulled from or should I expect them to know and in that case never tell them what CRA? Should I go out of my way to make sure that they have the information or just let them try to find it (and possibly incur more violations)?
i know them as a last-chance automobile financing company. they are located in texas (i think) they put a hard inquiry on my report in 2001. I never applied with them, nor had any business relationship with them. my parents did though, and they had me listed as a reference. does that give them grounds to pull my report? hell no. you may want to check and see if someone listed you as a reference on a loan with them...
I sent a letter out for no pp, and copied the attorney general. I received a letter from the AG with a form from the creditor whic I am supposed to sign to give the creditor permission to share my personal info with the AG. I was going to sign it, but something didn't feel right. A little while ago it hit me - The info they need is theirs not mine! I attached a letter from the creditor stating to me that I have no account with them. Why would they need to "share" anything about me? I think I should send a letter back stating what I just said above. What do you guys think? BTW - Here is the letter I sent: Terri This letter has been sent by certified mail, return receipt number_______________________________________ xxx xxxxx xxxxxxxxxxxx NOTICE OF DEMAND OF $3000 FOR VIOLATIONS DeVry University, Inc. One Tower Lane Oak Brook Terrace, Illinois 60181-4647 July 30, 2002 RE: Unauthorized Credit Report Inquiries 5/6/02,6/10/02,7/5/02 Dear Sir/Madam: After spending several months establishing that I do not now, nor did I ever, owe your school any money, I find that you are pulling my Experian credit report every month. (5/6/02, 6/10/02, 7/5/02) Please see the â??DeVry Inquiryâ? page from my Experian Credit Report. I have no balance and no account with your institution, nor am I registered at this time. I have not applied for employment with DeVry. Please see the enclosed letter, from DeVry, showing a balance of â??0â? as of February 25, 2002. I disputed the DeVry listing on my Experian report twice. You â??verifiedâ? the account to them both times. How is this possible since I have no account with you? Again, see the enclosed letter from DeVry stating I have had a â??0â? balance with DeVry since February of 2002. I have also enclosed a letter from University Accounting Services stating that my balance is â??0.â? The automated system at UAS also shows my balance as â??0.â? In April 2002, I spoke with the UAS rep for my area who informed me that the account had been cancelled, the change was in the process of being reported to the credit bureau. Please see the enclosed letter from UAS showing that I have a â??0â? balance. I spoke with Connie in your financial Aid Department April 4, 2002. She told me my account had been zeroed out on the DeVry system and with the department of Education Direct Loan Service Center. I was hassled by your employee Janice Harrison for several months about my â??bill,â? even though I informed her during our first conversation that this was a mistake and I did not owe DeVry any money. The account was finally cancelled through the office of Galen Graham , President of DeVry Columbus, in February 2002. A business must have permissible purpose to legally obtain a credit report. It is my understanding that pulling a credit report without permissible purpose is punishable with a $5000 fine and jail time. From the 1998 FTC opinion letter Greenblatt at http://www.ftc.gov/os/statutes/fcra/greenblt.htm: Section 604(a)(3)(F) allows a consumer reporting agency to provide a consumer report to anyone who "has a legitimate business need for the information -- (i) in connection with a business transaction that is initiated by the consumer; or (ii) to review an account to determine whether the consumer continues to meet the terms of the account." Therefore, the brokerage firm may request a consumer credit report prior to establishing a relationship with an individual who applies to open an account, or thereafter to determine whether to discontinue doing business with an established client. Also, Section 621 governs enforcement actions brought by the Commission, other agencies, and the states, and provides for various monetary and injunctive penalties. The potential monetary penalties include, for those who knowingly violate the FCRA, up to $2500 per violation in a civil action brought by the Commission in district court." I will restate the situation for you: I have no relationship of any type with DeVry. The relationship your collector tried to force upon me was negated February 2002. The first time DeVry accessed my credit report was three months later. As proof of the above, I have enclosed letters from DeVry and UAS stating to me that I have no account with you. I demand the name of the person/persons who accessed my credit report. I am sending a copy of this letter to Experian, along with a letter explaining to them their involvement â?? allowing my report to be accessed by DeVry without certification. It appears that DeVry has committed a crime against me, with assistance from Experian. Credit reports are confidential. Your viewing of my credit report is illegal, not to mention scary. Neither you nor UAS have records showing that I owe you money. Why is someone at DeVry reading my confidential credit report? How is this person using my personal information? With whom is my personal information being shared? Why doesnâ??t DeVry have security measures in place to prevent their employees from accessing personal information without a valid reason? (such as the existence of an account) To settle this matter, I demand the following: Immediately remove all inquiries from my Experian credit report. Forward to me at the above address a check for $3000 for the three violations outlined above. Receipt of the above check no later than August 12 will save you several thousand dollars by sparing you the cost of legal proceedings. . I will be forced to file a lawsuit for violation of the FCRA if I do not receive said check. I will also be sending this letter and relevant documents to the authorities for further investigation. Sincerely, Terri Cc: BBB, State Attorney General, Illinois Attorney General, FTC
Exactly right. Don't tell them anything they don't already know. Give them the rope and then watch them hang themselves. One of these times, when I have some free time, I'll go ahead and post the letter I got from Macy's and then my response. It's friggin hilarious. They can't get their timelines right and their letter contradicts itself several times in just a few short paragraphs. I'm sure the judge will love reading it.
These companies just don't get it!! They think they can pull your credit report and cause you damage and then by deleting this is the end of story. I got news for you, it isn't the end by any means!! I don't look kindly on people invading my privacy and causing me damage. I personally think it should be criminal and not civil if someone gets your report without permission. Would be the same thing if I hacked into your computer or broke into your home and stole your important financial documents. In my state if you use a credit card fraudulently they charge you with access device fraud and unauthorized use of a computer. Could pulling a credit report from a CRA qualify as this?? In my opinion yes!! I will make anyone pay or show up in court if they feel they can get away with pulling my CR! Tac
