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Federal Ruling >> CAs pulling credit may violate FCRA

Date: Wed, 11/14/2007 - 16:54

Submitted by DebtCruncher
on Wed, 11/14/2007 - 16:54

Posts: 2293 Credits: [Donate]

Total Replies: 12


I just received this notice from Transunion today.

Apparently there have been some recent federal rulings / new case law that limits the scope under which a CA can pull your credit.

I have always thought and posted that ANY collection was permissible purpose under FCRA for a CA to make a credit inquiry. Not So!

Federal courts have recently ruled that, in order for collection to be a permissible purpose under FCRA, the debt giving rise to that collection needs to be a "credit transaction."

While this won't stop a CA from pulling your credit if you owe on a credit card or defaulted loan ... it will stop them from pulling your credit over parking tickets, for example.

Even if they sue and get a judgment, the underlying debt needs to be a credit transaction in order for them to ever pull your credit report.

Read on...


This isn't really going to affect that many CA's, since I think most CAs deal with credit card accounts, and that is still okay for them to pull your credit.

I wonder where along the lines utility/phone bills fall under. Are they considered a credit transaction? Same thing with medical collections, those aren't really "credit" either. So this may stop a few of your CA's from looking at your credit.


lrhall41

Submitted by DebtCruncher on Wed, 11/14/2007 - 19:43

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The only problem that I have of CAs pulling my report is when they do a hard pull, it affects your credit (negatively of course) and remains for 2 years. Others can do soft pulls and get about the same information. I remember reading somewhere in the FCRA that hard pulls have to be authorized by the consumer, is this correct?


lrhall41

Submitted by JCEMT on Thu, 11/15/2007 - 07:05

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I think that would be more for credit cards where you give authorization for your credit to be pulled. If the creditor still owns the contract then their 3rd party they authorize has the ability, and if they sell your contract then whom they sell it to becomes your creditor kinda.


lrhall41

Submitted by FYI on Thu, 11/15/2007 - 07:39

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so is there any grass root organization out there or politician or any group in America trying to stop these agencies for being allowed to have easy access to private information? They should not be allowed any information until case has gone to court and has been satisfied in their favor-- who in our government is sleeping with the enemy?


lrhall41

Submitted by on Fri, 11/23/2007 - 23:00

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