Pp?

I opened a POD (pay on death) checking account with US Bank in May 2003. I listed my mother as the beneficiary. This is not a joint account and she has no legal right to any funds in my checking unless I die. US Bank pulls soft's on Equifax for their AR's? They pull an AR on me every other month. They pulled an AR on my mothers EQ report in July 2003! Do they have a permissible purpose to do an AR (account review) on my mothers Equifax report? I know it's only a soft, but my mother is pi$$ed. She feels that they had no reason to look at her credit. I agree. Does she have any chance with a non Pp letter requesting $1000 to settle this situation out of court? Soft or hard inq's any different when it comes to Pp? This was not a PRM but an AR soft inquiry.

TIA
James

 

I was told that they review all of their accounts. I asked if I could opt out and was told no. Maybe it's to market their c/c's and loc's.

 

Re: Re: Pp?

Yes, she is only a beneficiary. I talked to them and they confirmed this. When I opened the account, I was told that her SSN would only be used to find her if I ever died to transfer my $ to her. Liars!

 

Re: Re: Pp?

I have drafted this letter to send to my mother to sign and send CRRR to US BANK. Any suggestions or feedback would be greatly appreciated.
TIA
James


To whom it may concern:

During a standard review of my credit files from the three major credit reporting agencies I was dismayed to find an inquiry posted by US BANK, NA in July of 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 US BANK, NA. I am a beneficiary
on my sonâ??s POD checking account, but this can not be construed as a â??permissible
purpose.â?? Since, I have no business relationship with your institution there was no
â??permissible purposeâ?? to review my credit.

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 obtaining my credit file. Should US BANK,
NA not have a permissible purpose, US BANK, NA is liable for damages of $1,000 or
greater.
I am willing to accept an immediate $1,000 settlement rather than pursue this matter in
court. I am also requesting that the AR inquiry on my credit report be deleted.
I look forward to hearing from you to resolve this in an expeditious and amicable manner.
You may reply to FAX number (xxx) xxx-xxxx or by mail at the above address.
Sincerely,
xxxxxxx
__________________________________________________