A "willful" act is one done intentionally, as distinguished from an act done carelessly or inadvertently. Repeated acts could be viewed as willful
Willful would be they pulled your credit report after you sue them Negligent would be that their "system" reported an error, their "system" pulled too many inquiries, etc When you let them know of an error, they don't correct it.. is that willful or negligent? Well, if you're getting this deep into definitions it sounds as though you're about to sue. If that's the case, then here's your real answer. You don't decide whether it's willful or negligent. You include both in a lawsuit and let the judge or jury decide. They tend to try to squirm from "willful" to "negligent" when they defend themselves.. fine..include both and get damages regardless. One thing to make certain is that you have actual damages. It keeps you out of a lot of defense possibilities, keeps you from a judge who sees it as a "so what" violation b/c there are no actual damages, and it keeps them from arguing that "your copy" is not a "consumer report" from which you may sue. Some lender must see the errors, not just you. Look at the definitions section.
So... we went to a car dealer back in 2001 they pull my credit, we haggle all day and don't buy a car from them. then 2 1/2 years later there is a hard pull from this dealer on my report and they send us an event/offer in the mail at our current address half way across the country...what do you think? I think it's at least worth $1000 in my pocket!
"I'LL TAKE AN EASY $500 + INQUIRY REMOVAL or we can do it the HARD WAY FOR $1,000 + INQUIRY REMOVAL + COURT COSTS"
