I'm planning on doing a small claims lawsuit for non permissible purpose soft inquiries(not PRMs, I opted out a long time ago) here in CA. A couple of the companies pulled my report multiple times and from what I've read judges typically only impose one $1000 fine rather than $1000 for each inquiry as the law requires. I was wondering if it would be possible and desireable to do say 4 separate small claims lawsuit staggered slightly so that they would have to come to court 4 times (greater cost to them) and would likely get four separate judgements that would likely be for $1000 each(maybe not if you get the same judge). Any experienced vetran advice out there would be greatly appreciated.
You are in luck! California State law has a stronger statutory penalty of $2500 per non-permissible pull. Also, keep in mind that the FCRA gives a 2-year statute of limitations to these actions. So anyone who pulled any non-P/P inquiry in the last 2 years is fair game. Technically, you could sue for each, distinctive individual violation but the defendant would howl "abuse of process" and the court would not be amused. Those extreme measures are probably unnecessary. I've always seen it interpreted as each non-P/P pull is a violation and each pull gets the statutory penalty. Has anyone seen any caselaw to the contrary?
(3) In the case of liability of a natural person for obtaining a consumer credit report under false pretenses or knowingly without a permissible purpose, an award of actual damages pursuant to paragraph (1) or subparagraph (A) of paragraph (2) shall be in an amount of not less than two thousand five hundred dollars ($2,500). My understanding is that the $2500 is only if an individual, not a corporation pulls your report.
Should read up on what they say about an individual. It is listed. Corporations are covered. Chrsitine at Bayhouse as a few good articles on this.
