This oughta be interesting. NC state government pulled my wife's credit report. "DTC - NC Dept Human Services" Reason: they're investigating an alledged child support case. Not official yet, but probably will dispute in court. Kid's 18 already anyhow. Weird issue, long story. Back to now: they pulled, no perm purpose. Only thing would be if they sent registered/certified letter to old address. They'd better have damned proof. I want some spending ca$h. Is this letter too heavy handed? Questions: Do I have legal ground? Am I insane? Am I taking a louisville slugger a hornet nest? --------------------------------------------- VIA CERTIFIED MAIL, dtd 3Mar03, USPS 7002 2410 0005 xxxx yyyy VIA FACSIMILE, dtd 3Mar03 March 3, 2003 Innocent Consumer 1234 Maple Lane Chicago, IL 60634-5140 TEL: 888-555-1212 FAX: 777-666-3434 Ms. Brenda Brooks NC Department of Social Services 1717 West 5th Street Greenville, NC 27834-1601 TEL: 252-413-1076 FAX: 252-413-1101, 252-413-1252 RE: Permissible Purpose, Credit Report Pull (Case #xyz) Ms. Brooks: It has come to my attention that you, or your agency (NC DEPT SOCIAL SERVICES) has acted to view my personal credit file (â??Consumer Reportâ?). This is where we have a problem. â?¢ I have not given you nor your agency permission for such an action. â?¢ I have not received a lawfully required notice of such an action. Whether your action is required due to a pending Child Support investigation is completely irrelevant in this matter. You and your agency have committed a violation of the Fair Credit Reporting Act. For your benefit, the following is applicable United States Code referencing this exact matter: § 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b] Ms. Brooks, it seems that per the above referenced code, you would have had to notify me of such an action to pull my report 10 days PRECEDING the action. I have not received such a registered or certified communication. Perhaps you have sent such a required notice to a former address? At this point, I eagerly solicit from you and your agency distinct proof that you have met all guidelines for such an action; that I am remiss about this entire situation. Your compliance with established law would be a relief. But, short of that proof it would seem that you have violated my rights as a consumer as per the legislation that the FCRA sets forth. Secondarily, it is my duty to notify you that the action performed by your agency has marred my good credit and is actively defaming my character. Already I have applied for a home refinance and have been denied, possibly on this issue alone. The duress I face on this issue causes me to lose sleep and my health is deteriorating. Graciously, I would consider the matter dismissed and halt all legal proceedings if I were to receive a cashierâ??s check for $2,500 within 10 days of the USPS return receipt date for this letter. This is after all, fair and lawful. Please reference the fine schedule: § 621. Administrative enforcement [15 U.S.C. § 1681s] Should I fail to receive a check by the aforementioned date, Iâ??ll construe that as your overwhelming desire to pursue this matter in court. This would be unfortunate, as in addition to the fines mentioned above, litigation would involve further damages and costly legal fees. Please reference the statutes above for more details as to what your liabilities would actually be. I shudder at the thought. You may confirm mailing instructions for the funds via any contact information presented in this correspondence. Cordially, Innocent Consumer
Section 621 refers to enforcement by the FTC. The FTC may enforce penalties of up to $2500. That doesn't mean the guilty party owes you $2500. Also, I don't know if you have recently moved, but if you have, and your immediate past address is the last address of record, and they mailed it there, they are in the clear, IF they have proof of mailing.
I believe a DTC is soft. Your letter would hold up on its own otherwise, IMHO I would consider removing this.
Are you not aware that in most cases you have to get permission from the governments before you can sue them? I would tread with real caution here. You just might be fixing yourself up for a swim in a pond full of alligators.
I think you would have a hard time winning this case. As Jlynn pointed out DTC is a soft inquiry that does your wife no harm. Your State certainly has rights to investigate issues such as child support responsibilities. Remeber you are going to have to go before a Judge that is likely to side with the State. It certainly seems worth investigating applicable laws but I would be 100% sure of my case before proceeding.
