Background: I posted before about 2 A/R done by Cavalry Investments on my husband's TU report. Cav. Inv. never contacted us or showed up as a TL so we called to find out why the pulled. They said they didn't know, he wasn't in their system. So we sent a letter asking for their Permissible Purpose or a check for $2000. They replied saying they needed more info. Yesterday called them, they said we need to check with TU to make sure THEY were the Cavalry Investments that pulled the report. Today: I called TU and got a phone # and address for the Cavalry that pulled the report. Phone number 914-244-9001, called it; answering machine says "MDA Drywall". Address TU gave me: 110 South Redford, Mt. Kisco, NY 10549. Called Cavalry, they said they did not have an office at that location. Looked up the address on the internet, seems to be a medical Building or some sort of office building with no names I recognize. Next: Called TU back and told them that the info they gave me did not match the name. They verified that the info was not the same as what they had on file for Cav. Inv. Rep. spoke to her supervisor who said they would delete the inquiries and investigate. I said that I didn't care about having the Inq. deleted as they are A/R and we are the only one that sees them. The problem is our privacy has been invaded and we want to know by whom. They said they would contact us after their investigation is complete, but that it wold probably take a while. WHAT do I do? Do I have to wait until their investigation is complete? Are they responsible if they gave information out without checking the validity of the request? HELP!?! Thanks in advance.
If TU is unable to tell you who pulled your reports, then it falls on TU arse. In the FCRA... (a) Identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 605 [§ 1681c] and to limit the furnishing of consumer reports to the purposes listed under section 604 [§ 1681b] of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 604 [§ 1681b] of this title.
Thanks dixidriftr! Is there a set penalty if TU fails to do this? or is it just damages? I'm sure I should send them a letter so I have a paper trail, just not sure what I am asking for in the letter, just an investigation?
Please, any expert advice on what our next move should be. I was reading the FCRA, and seems like that unless we can show damages, TU has violated the law but does not owe us anything. Of course if TU finds out who did it and they do not have a permissible purpose, I guess they owe TU and us $2,000 (don't worry, I'm not holding my breath) I REALLY would like to know who got his report and why. Seems like SOMEBODY is running a scam. I just want to make sure I have my ducks in a row, but haven't had much luck finding information on this particular subject on the board. HELP!
I had a similar thing happen with TU. AR pulled by FIN COLL AGEN in Atlanta. Got name / address / phone number from TU - the phone number was disconnected. Address was for a ig building with nothing close to a CA. Today, I received a copy of my TU report and the dispute has vanished. I'd like to stay on this one...
Anyone else have their report pulled by "Fin Coll Agency"? I have some info. on this outfit...closing in on them. You have never seen a CRA delete an inquiry as fast as it does when it realizes that its customer is maintaining a false certification. It also implicates the CRA for its failure to verify the identity of the subscriber.
California recently passed a law requiring that "customers" be notified by a business, including banks, if their account information maintained by the business (identity infomration, credit information, account numbers, etc), which could be used by identity thieves, was, or might be, compromised. There were fines and penalties for failure to notify the consumer. I wonder if this would apply to a CRA that knew they had provided a credit report to someone other than the authorized party under whose name the report was requested. What state are you in, and how much do you want to know about who really inquired? How much do you want to force the CRA to disclose?
OTrack, I am looking for the name, add and tel number....I am in Minnesota (kinda chilly out). Do you know the CA Statute? i will run a search for it, interesting stuff, thanks. I have done quite a bit of research on FIN COLL AGENCY. My present understanding is that the successor to FCA (or 'Financial Collection Agencies' (trade name) or Financial Collection Agencies, Inc.) maintains or maintained an outdated subsriber number. The outdated subscriber number also has false and incomplete information associated with it. Here is what the CRA provided to me in response to my requests for name, add and tel number: Finance Collection Agency 2675 Paces Ferry Atlanta, GA. 30339 Nonexistent trade name at all times as far as I know...definitely not a valid address. It should not be surprising that there is no tel number for a nonexistent business at a nonexistent address. When you asked me how much info I want, are you implying that you can assist in getting some more info? If so, that is greatly appreciated. If anyone is aware when FCA was purchased by NCO, that might be helpful. Thanks much. Yeah, I bumped this thread up from 'the dead" because this issue is alive and well. A CRA's files should not be accessed by a person who provides entirely bogus information.
The California law went into effect in July 2003. Its purpose was to require businesses whose computers had been hacked resulting in disclosure of account information to possible identity thieves, to disclose this to all consumers who might be affected in a timely manner, so the consumers could take steps to protect themselves. I don't know if other states have passed similar laws. Several banks in California have had to notify many of their customers under this law, when, for example, burglers stole a laptop containing account information from one of their subcontractors. There have also been cases involving theft by insiders of credit report data, that would appear to be covered by this law. I have no particular way to help you get information. From what you were discribing, it was not clear whether any legitimate authorized party had pulled your file. This potentially moves it from "CRA must have adequate procedures", and good luck to you finding the CA, or even getting the CRA to admit to a problem, to "possible identity theft attempt", if you shift to a criminal complaint. You may get more cooperation from the CRA, if you have filed a police report, as they may have increased liability if their failure to assist the police results in damage through further identity theft. California also passed a law requiring that businesses who had accounts opened by identity thieves cooperate with the identity theft victim, including providing infomation used to open the account to aid the victim or investigators in tracking down the thieves or limiting damage.
Let's not let this die. I too have a A/R on TU by Fin Coll Agency. Located on Paces Ferry in Atlanta, GA. How can we get TU to take the fall for this? Someone has to know.
Great thread Great Title too. "TU MYSTERY" describes their total failure to verify the identity of a subscriber and let "just about anyone" who has a dollar in their hand pull highly confidential credit information. They are "pegged" on this Fin Coll Agency deal. Willfully, Purposefully and with an intent to deceive they are handing out false information that is "close" to the formerly accurate information...the clerical error defense dissolved when I thoroughly informed them of the skip traced formerly accurate info and they continued to hand out the false information.. Reason: CA pulling reports on debts it knows are not valid (past SOL, settled, extinguished in BK, etc...) TU doing a favor for their customer, NCO.
April 2, 2004 "After further research of the inquiry posted on your credit report during December 2002 under "Fin Coll Agency," we have confirmed that NCO did purchase Fin Coll Agency. NCO Financial's inquiry posted under the name of Fin Coll Agency...........(alleging a very questionable PP).................Since TransUnion was unable to obtain any verification about this inquiry at the time that you disputed it, the entry was subsequently removed from your credit report. A updated report was sent to you for your review, which reflected the deletion of this item." [The "updated report" was sent out 6 days after I allegedly "disputed" it by requesting the full name, address and phone number, and (2) the PP that "Fin Coll Agency" had. NO "Investigation Results" were provided..I had no clue that it had been deleted after SIX days until over one year later. A six day attempt to verify? RIGHT.]
