Suing Rent A Car Permiss. Purpose I am suing Do$$ar Rent a Car for pulling my credit report w/o Permissible Purpose. This one is weird... I walked up to a Rental counter in the Airport in late '01 to see the rates for cars. I asked the attendant for the rates on mid size cars. She asked whether I had rented with them before, I said "I think so". She asked for my license. (I truly do not remember her asking for a credit card at all!) Then she typed in some information into the computer and suddenly she started saying "Sorry sir we can't rent you a car..." I was shocked. I repeatedly asked why and she just shut down and said something like "The system says you cannot rent here..." I blew it off as perhaps just a coincidence (It was shortly after 911 so I thought maybe they are screening people by sight or something weird like that. Anyway, it was almost a year later when I discovered these snakes had ran my credit report. It was a hard inquiry! Now I am a frequent flyer and I had NEVER had a rental car company run my credit. I asked several other companies and a few said they would on debit cards but the customer would be informed first. I wrote the company and asked for their Permissible Purpose. They replied that they could not find my record of inquiry but they have a policy of running credit when a client presents a "Debit" card instead of a credit card to reserve a car. I wrote back and asked for $1000 and removal but they defended their position. I then launched a complaint campaign - BBB, FTC etc. A BBB President in the company's home town wrote me and said he personally contacted the FTC and the company has a P.P. as a rental car company. I filed a small claim suit last month. Just received a letter from their Attorney with a threatening tone... "Your claim is baseless, we will not settle, we will defend ourselves and show up to court and seek our fees and costs unless you withdraw your suit bla bla bla". I know this is a ploy to see how competent I am or perhaps to see how strong my case is. Any ideas on how to respond is appreciated. Still have a month before court. I think they will settle but if not, I will tell the Judge that they have never stated that I actually presented a debit card only that this is their policy for running credit. Further, even if I did, I NEVER commited to renting a car, only getting pricing. They can not prove otherwise. I've read the FTC opinion letters and they seem to favor the consumer. Any thoughts out there??? thanks.
Re: Suing Rent A Car Permiss. Purpose from what i read i would just ignore this letter. They are probably trying to push you into giving in. Just go to court and have them explain to a judge that it's their policy to run a credit report when asked for a rate. Don't they need your SSN to run your credit report?
Re: Suing Rent A Car Permiss. Purpo how did they get your SS#? also, they MAY defend the case to prove a point, 'cuz if they lose they cant pull ever again for others in the same situation... however, my gut feeling is they will settle with you out of court, as a business decision.
Re: Suing Rent A Car Permiss. Purpo Thanks for the comments. I don't think they need your SSN to run a report only a name and address and perhaps a D.O.B. This is all on my DL.
Re: Suing Rent A Car Permiss. Purpo I really doubt you have anything here and they likely will win an abuse of process counterclaim. You went to there place of busines and presented something. Likely, if they prove they've an established pratice of running a credit report when a debit card is presented and the clerk will testify you handed them a debit card the burden of proof shifts back to you. Think about the risk/reward for a minute. If you lose and they sue and win legal fees you'll be dealing with a nice fresh judgment. More than a few people have sued under PP with what looked like airtight cases and come to grief. Check out Quixote's "I've never done this lawsuit thing" thread.
Re: Suing Rent A Car Permiss. Purpo They cannot run a credit report without notifying you first. They then must send you a letter stating why they refused to rent a car to you and which credit bureau they pulled, see the thread on employment credit checks. Before replying to the letter get a copy of the FCRA and quote permissable purpose. Ask him to produce documentation where you authorized them to pull a credit report. If they notified you in any way that a credit report was being pulled you have no case. I fail to see how asking for a rate quote qualifies as allowing them to pull a credit report. Did you sign anything prior? If you signed their standard agreement and it says they will pull credit you are out of luck. If you walked up and asked for a rate and did not sign anything they are not allowed to pull your credit. Nobody can pull your credit without a permissable reason or prior contractual authorization, period. It is unlawful otherwise.
Re: Suing Rent A Car Permiss. Purpo If they didn't.... Bingo! Sue them....... If not for pulling, for not proving Proper notification on ineligibility within the required timeframe.
Re: Suing Rent A Car Permiss. Purpo You might want to check the FTC FCRA opinion letters. There is one in there from someone posing a similar question... Scenario- this person went to a car dealership and asked about the cost of a car. The dealership somehow got his personal information and pulled a report. FTC said this was not a permissable purpose as no talk of needing to finance the car had even been brought up- the guy could have been paying cash for the car but the conversation didn't even go that far. Also, he did not give consent in any way. Sooo... it's kind of fuzzy. If the RAC place says that you presented a debit card and they have their policy posted (how could you disprove this?) that all people seeking to rent a car but paying with a debit card are subject to a credit check- you're out of luck. And a lot of cash because now you have to pay their attorney's fees. The majority of your case stands on the fact that you (1) state you don't remember presenting a debit card and if so (2) were never told or asked if they could run a report. It would be a simple thing for the RAC co. to disprove both of these statements. Someone else mentioned you never rec'd the denial letter which is true but I don't know how savvy the judge will be with the FCRA. I, personally, would drop it. But I'm a chicken when it comes to suing people and I am certainly not an attorney so I could very be wrong here.
Re: Suing Rent A Car Permiss. Purpo Did you ask for a quote, or did you actually say "yes, Ill take that car"... seems that is where the difference is...
Re: Suing Rent A Car Permiss. Purpo I'm still dumbfounded as to how they pulled your credit without you ever disclosing your SS# and address info to them? There is no way that they could do that solely by running your debit card. Did you hand the a driver's license also? Some States list SS#'s on driver licenses.
Re: Suing Rent A Car Permiss. Purpo I only provided my DL and in CA. it does not contain a SSN. I never received a "reason for decline" letter. There was no sign or anything in view stating this policy. I have credit cards so even if I had presented a debit card, I would have simply gave them a credit card if I had this knowledge. I did not sign anything. I am not afraid of losing (See login name) so I will pursue this to the end. What they did was wrong and and unacceptable. The FCRA gives protection against these types of practices. I will prevail. Power to the People!
Re: Suing Rent A Car Permiss. Purpo I am sure you saw my post above... their website clearly states they will pull it.... was there a sign in the dealership? did you ASK "how much is a rental for a rolls" or "I want to rent a rolls"... that seems to be the difference in if the had permissible purpose. this of course, does not effect the failure do send you a letter to that effect....
Re: Suing Rent A Car Permiss. Purpo The fact that they have that language on a website does not give them the right to pull credit without authorization. Have you ever seen a sign at a rental car counter that says they pull credit? I travel weekly and have never seen such a sign. If they did not get you to sign a rental agreement they have screwed the pooch and will lose this case. You simply cannot pull peoples credit without PRIOR authorization. Get those FCRA opinion letters and respond to the Attorney with copies. Let him know his scare tactics will not work and the case will not be dropped unless they agree to pay $1,000 plus costs and have the inquiry removed. Tell him you are confident based on the FCRA and Staff Opinion letters that your case is valid and they will lose at trial.
Re: Suing Rent A Car Permiss. Purpo This case could go either way in my opinion. This still doesn't excuse the fact that they didn't send you an adverse action letter. I would bet on the fact that they didn't even think about that. I bet if they don't settle they won't even bring that letter to court so make sure you make it a point to ask for it!! To sue for abuse of process if a very strong case to prove and in my opinion you have every thought and intention that you suit is valid based on the law and the FTC's opinions. They will show up and if you lose they won't get anything, although they will ask the judge. Make sure in your state you have a right to appeal the decision. In my state of PA if you lose you can appeal in 30 days and a whole new trial is then moved up to District Court and a Jury! Tac
Re: Suing Rent A Car Permiss. Purpo Case update for all. I won the case. Received judgment for slightly less than $1000, but still pleased. To all, the FCRA and local state laws do not take into account credit scoring impact when it comes to Permissible Purpose. Therefor you must find a judge to decide!
