PP Lawsuit against CA - letters?

I found these here and there. I don't remember who orginally posted.

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Dear Creditor:

During a standard review of my credit files from the three major credit reporting agencies I was dismayed to find an inquiry posted by YOUR COMPANY on DATE, 2003.

As you are probably aware, the credit reporting agencies regard inquiries as a statement of fact and will not allow a consumer to dispute them. They maintain that if the inquiry is on file then the company listed did in fact view the consumerâ??s record.

Since it is unlawful under the Fair Credit Reporting Act for a person to view a consumer report without a â??permissible purposeâ?? I am writing this letter.

I don't recall applying for credit or employment with YOUR COMPANY.

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."

Also from the Fair Credit Reporting Act:

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]
(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the failure;
(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

Please explain your permissible purpose for your obtaining my credit file. Should you not have a permissible purpose, please arrange for payment of $1,000 by DATE to the name at the address listed at the top of this page.

I look forward to hearing from you to resolve this in an expiditious and amicable manner. You may reply to FAX number (123) 456-7890

Sincerely,

Consumer
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Fax version to macy's

June 9, 2003


Macyâ??s
Legal Department
13th Floor
151 West 34th Street
New York, New York 10001

Dear Legal Department:

I am formally alerting you that I will be filing suit against Macyâ??s for a non-permissible pull of my credit report that resulted from grievously wrong information given by employees of Macyâ??s.

I have detailed my complaint in the attached letter sent through PlanetFeedback when I tried to handle this dispute in a non-judicial forum. However, I received a letter back from XXX (customer service) that makes it clear that this must be handled with legal proceedings.

She claims that she is unable to remove the inquiry. Wrong. A Macyâ??s representative, xxx assured me one would not be pulled. Macyâ??s is legally responsible for the conduct and information of its employees.

Further, I will be filing a claim with the FTC arguing that Macyâ??s has no legal rights to keep a card â??openâ? with a credit limit reporting on credit reports, then deny customers the right to use the account they claim is â??open.â? This is fraudulent reporting. The courts may see two potential issues: I have an open account that was closed after being assured by a Macyâ??s representative (whom I will subpoena) that no credit report would be pulled --- fault Macyâ??s. Or, they may see you fraudulently list open accounts that are not â??trulyâ? open since you deactivate them and have the same requirements as new account holders--- thus no â??open accountâ? and no â??realâ? permissible purpose for â??extensionâ? or â??renewal.â?

Given the grievous nature of this violation, I expect these issues to be remedied within the next 15 days (June 24th) or I will file my complaints with the FTC and in court. I expect the inquiry to be removed, and the status of the card to reflect â??closed by consumerâ? or remain open. I will not accept a â??closed by credit grantorâ? notation.

Be advised that at this time, I can clearly show harm done by the misreporting on my credit report and will not hesitate to pursue necessary legal action, including at a minimum, $1,000 for Macyâ??s non-permissible pull credit violations.

I look forward to a timely and amicable resolution to this matter.

Sincerely yours,