A little background, I noticed that RMA had placed a collection account on my report. After fighting with them for a few months, they finally deleted it, but they kept pulling inquiries. 3 of the 4 inquiries say REA - Risk Management. Whatever that means, I still find it rather ridiculous that they have pulled my credit 4 times. Do you think I have grounds for a lawsuit and how much should I ask for? Here is the letter that I am sending! I am going to take this all the way to court if I have to! March 3, 2003 Risk Management Alternatives ATTN: Legal Department To Whom it May Concern, As per my Equifax credit report, Risk Management Alternatives obtained my credit file on 5/24/2002, 07/24/2002, 10/11/2002 & 12/17/2002. I know for a fact that I have not applied for credit or employment with Risk Management Alternatives and I do not have an open account with your company that would allow a permissible purpose for an inquiry on my credit report. From the FCRA § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] "(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater." From the 1998 FTC opinion letter Greenblatt at http://www.ftc.gov/os/statutes/fcra/greenblt.htm: "Any person who procures a consumer report under false pretenses, or knowingly without a permissible purpose, is liable for $1000 or actual damages (whichever is greater) to both the consumer and to the consumer reporting agency from which the report is procured." Please send proof of permissible purpose for your obtaining my credit file on the four (4) dates referenced above on my Equifax Credit Report. Should you not have a permissible purpose, you will need to make arrangements for payment of $1,000 by March 21, 2003 as well as a deletion of all 4 inquiries. Please respond via fax to XXX-XXX-XXXX. Sincerely, Helpwanted
Help, thats the wrong blurb from the FCRA for willful compliance. It says "to the consumer reporting agency". You need this one: (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;
thanks for the help, but do you think I am right? How much should I go for? $1,000 or $4,000, or do you think that I don't really have a case? I was told by someone else that since they "thought" I owed them money, they have a permissable purpose. I say HOGWASH!
Go for the $4k. How could they assert that they were for collection purposes when they failed to validate the account and subsequently removed it? No account means no permissible purpose.
