Quick question. What is the statute of limitations for a non-permissible purpose inquiry? At what point in time can I no longer sue the company that did a non-pp inquiry? Steve
Under the FCRA, it is two years from the date it occured, whether you knew about it or not. Under California law, it is two years from the date you knew about it or should have known about it, up to seven years from the date of liability.
Thanks. As a follow-up. If the person who did the non-pp inquiry goes and deletes the inquiry so it won't show on my credit report, in order to make it seem as though it never happened, would this be obstruction of justice??
That is an interesting situation, since it would appear that a non-PP inquiry must be removed from view to other creditors as erroneous information, but must be specifically shown to the consumer under FCRA to allow them to know who has inquired. CRAs are set up to cloak bad information from creditors, and have done so to comply with settlements with consumers. In fact, if they could not ultimately control what creditor submitted information was visible, they could probably not comply with FCRA. Can any CN people who have had non-PP inquiries removed comment on how it appears on their reports after removal?
The person who made the inquiry can't have them deleted. The CRA could delete them. However, they are required to be reported to consumers, they shouldn't be removed, they should be recoded, and you still should get your 1k for the pull regardless. Sassy
I posted a question about this a few days ago. I asked how a mortgage company could pull my bureau when I was in foreclosure? Isn't a mortgage a closed end account? They did this almost two years ago so if someone could tell me if I have a case here or not I'd apprciate ya! SnakeMan
Sorry snakeman, With foreclosure initiated they do have a purpose. Sorry to say :-( There's an FTC Staff Opinion letter that mentions the same. Sassy
