Quote:
Originally Posted by ensumbledeux
Do I have recourse if an agency runs my credit report to obtain collection info when I have had no transactions at all with them. An agency ran my report to obtain collection info on my wife. I am not a party to the contract as it was prior to our marriage moreover in her maiden name thank you
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Examples of Permissible Purposes for Pulling Your Credit Report
There are very few: in response to a court order, in connection with an employment application and when a consumer actually applies for credit or insurance.
If you do not initiate the transaction, then a credit card company may only pull your credit report if they are making you a “firm offer of credit,” which is definitely quite a bit more than those endless letters from credit card companies telling us that we’ve been “Pre-Approved”, but we have to fill out an application anyway.
Persons or companies who pull your credit report must certify that they are pulling it for a permissible purpose. If a company pulls your credit report for a permissible purpose and then uses it for an impermissible purpose, then that company has violated your rights and the law. Companies may only pull and use your report for a permissible purpose.
If you have any questions or doubts, first contact the company which pulled your credit report and ask them, in writing, why their company name appears on your credit report. Sometimes there is an innocent explanation, but don’t be surprised if you get the run-around or if it turns out that this company did not have any permissible purpose when they pulled your credit report.
If you do find out that there has been an impermissible pull of your report, or if you just cannot get good answers to your questions, then see a lawyer. You are entitled to a penalty per violation of your right to financial privacy, even if you do not directly suffer damage as a consequence of the improper pull. There is also the potential of punitive damages, as well as any out-of-pocket losses you have suffered. The statute also provides that the person who improperly pulled your credit report must pay for your attorney’s fees, so these cases are frequently affordable even to consumers who cannot otherwise afford an attorney.