Who can you sue for inquiries

Discussion in 'Credit Talk' started by robin, Aug 8, 2002.

  1. robin

    robin Well-Known Member

    I need to know who I can sue for unauthorized inquiries? Can I sue both the cra and the creditor who placed the inquiry? I have several unauthorized inquiries for which I have requested with the CRA to have deleted. They refused and now I want to sue the bastards. Well the long and short of it is can I sue both? How do I go about it? Thanks.
     
  2. Nave

    Nave Well-Known Member

    I would say that you could only sue the creditor for "placing the unauthorized inquiry".

    However, you could sue the CRA for "not investigating the item on your report" as required by the FCRA.

    2 different claims but you can still win a suit against either one if you gather the correct proof.

    -Peace, Dave
     
  3. kbanger

    kbanger Well-Known Member

    Nave, the CRA always say they cannot investigate inquires. Which one of them actually investigates and how do you do it
     
  4. Nave

    Nave Well-Known Member

    That question has no answer :) Or more appropriately has two answers, none and all.

    I (and others here) have had inquiries deleted (at times) by Experian, Equifax and TU.

    We have also ALL gotten the "Inquiries are a matter of fact" letters as well as the "You must contact the creditor to have this investigated" letter which, we contend, is a violation of the FCRA.

    So you just gotta try and get the dispute entered into the system...IF you can, there is a good chance it will be deleted, but more than likely you will have some trouble actually getting the CRA to begin the investigation.

    Hope that helps...Actually, I kinda think it wont :))
     
  5. Mrei

    Mrei Well-Known Member

    On my last three unauthorized inquiry, I send the letter to their CEO, then followup with a intent to sue, normally, it gets forward to the legal department, and this ppl delete the inquiry within "24-48"hours..
     
  6. robin

    robin Well-Known Member

    Quick question:
    The FCRA states that the penalty for obtaining a credit report without a permissible purpose is $1000 payable to the credit reporting agency. Why are so many people including creditcourt.com claiming that you can sue for $1000 per inquiry when in fact you are not entitled to the $1000 the cra is.
     
  7. Nave

    Nave Well-Known Member

    Where did you get your information? Please provide the section of the FCRA you are referring to.

    -Peace, Dave
     
  8. Calypso

    Calypso Well-Known Member

    But I've also read here about the Greenblatt
    decision.

    I believe it states that the consumer can also sue.

    And someone here has indicated that in Cali
    you can sue for $2500. (I haven't researched this myself though)
     
  9. Mrei

    Mrei Well-Known Member

    yes Caly..up to 2500, I read it from on a report mail by Experian...
     
  10. Quixote

    Quixote Well-Known Member

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