I have a couple of inquiries on my CR that I didn't authorize. I sent a letter asking for permissible purpose. On one I got a letter back saying they don't have proof of permissible purpose and they don't know why they pulled my report. The second one, I got an email from some supervisor stating that they have no information to provide me and that it is not their policy to pull reports without proper authorization. She said she could assure me this is against their policy and it would make no sense for them to pull my report without a purpose. She can't tell me why they pulled my though???? Doesn't make sense? Where do I go from here? Do I sue for FCRA violation? If so how do I go about doing that?
You have a cpl really good cases here 24. If you'll notice the amount they owe you is an "absolute" $1,000. This is called a statutory fine. You're entitled to your damages or $1,000 whichever is greater. If I were you I'd go for the bux. I, as well as many here, have already been paid on these. And it would be great experience for you. Woking on a no lose case that is. Go for it. It's a lock! .
I would send a letter thru their Agent of Service with a copy of their admission, and say pay me $1000 or I sue. You may not have to go to court
I have been told to do this already but I can't seem to find their agent of service. I checked with my Sec. of States office and the SOS for their state and I get no info from either. Does anyone have any idea who Capitol One and US Bank's agent of service is??? Thanks!!
Does anyone know a letter to somewhat follow when notifying the Agent of service with my intent to sue? Should I provide them a copy of the letters or emails where their company states they don't have any permissible purpose? Also, do I send them proof that they pulled my report? Like a copy of the inquiries part of my credit report?
Okay, I finally found the Registered agent for Capital One. I still can't find US Banks. What do I tell them in my letter? Do I send an ITS letter? Also can any of you experts tell me the exact part of the FCRA that I need to quote in my letter? I want this perfect since the registered agent for them is an attorney. Thank you in advance!!!
Some people say don't give them info, let them figure it out. I'm the opposite. I don't really want to go to court. Since No PP is $1000 statutory, you should be able to settle out of court when you show them you are absolutely right. Here's the letter I sent to Home Depot. 3 No pp pulls - I settled for $1500 February 5, 2003 Walter M. Driver Agent of Service Monogram Credit Card Bank of Georgia Home Depot Credit Services 191 Peachtree St. Atlanta, GA 30303 Re: Account xxxxx NOTICE OF INTENT TO FILE LAWSUIT To Whom It May Concern: This Letter shall serve as formal notice of my Intent to file a lawsuit against your company. On November 18, 2002, you received a demand for an explanation of the permissible purpose you claim for obtaining my credit file on 11/14/2001, 2/12/2002, and 6/18/2002. On December 14, 2002, xxxx, Credit Bureau Specialist, responded to my letter--the explanation she gave was totally unacceptable. The FCRA makes a clear distinction (see reference below) between a Promotional (PRM) Inquiry, and an Account Review (AR), and the amount and types of information that can be furnished. Fair Credit Reporting Act - 15 U.S.C. § 1681 et seq § 604 Permissible Purposes of Consumer Reports [1681b] On December 23, 2002, your company received a second letter from me in which the above points were made. At that time, I submitted a copy of the inquiry page from the credit report in question, showing, that Home Depot Credit Services, did indeed, via a claim as Account Review obtain a copy of my entire credit profile. Although I have given you much more time than originally mentioned, you have chosen to ignore this letter. I am enclosing a copy of all the communications sent and/or received. I have also enclosed a copy of the pertinent page from my Transunion Credit Report that indicates you, as a furnisher of information admit this account has been closed with a $0 balance since October, 1999, over two years before you began â??reviewingâ? my credit profile. Iâ??m sure you are aware of the consequences in violating the Fair Credit Reporting Act If not; let me point them out for you: § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] § 619. Obtaining information under false pretenses [15 U.S.C. § 1681q] If you wish to resolve this matter, this will be your last opportunity to do so. If I have not heard from you within 10 days of the tracked and confirmed delivery of this letter, I will file a lawsuit for the three violations of the Fair Credit Reporting Act. I will be seeking civil liability in the amount of $1000 per violation. (You can quote the sections exactly from the FCRA - I deleted them for space here).
Capital One pulled my report twice and from each CRA. So they pulled my report from Trans Union, Equifax and Experian on 01/13/03 and same thing on 10/15/02. So is each inquiry a violation for a total of 6. Or does it just go by the date and doesn't matter if they pulled it from one CRA or all 3? PS. Did you actually have to file a suit against them or did this letter do it for you and they just sent you the settlement offer before you filed?
Yeppers, In the case of a No PP violation, the whole thing is already pretty much carved in stone. Since that's the case, yeah, I'd tell them everything. This isn't one of those situations where it's advisable to keep them guessing, cause it could delay settlement. You'll also Notice Jodi settled for somewhat less than the claim was actually worth. Smart girl. She correctly perceived this as an insentive for them to go ahead and settle the damn thing without the hassle, and even save a few bucks. . .
Can anyone answer my question on how many No PP violations this would be? Would it just be the 2 since it was pulled twice? Or do you count one for everytime and every CRA? Thanks!!
Demand both statutory damages for each inquiry, and also that they remove all inquiries from the CRAs. They can notify the CRAs that the inquiries were in error. If they can't get them off, or can't figure out how to, go for money. That many inquiries gives you negotiating leverage.
