[Qtip]

I pulled fiance credit file today, what do I find? A hard inquiry from a CA that has been triying to collect on a business CC that I personally guaranteed.

She has nothing to do with that account. Anyone has a kick ass PP letter with liquidated damages payable ASAP?

I want this fuckers, they where the ones that told me that the FDCPa did not apply to them and they did not need to send me validation. They added that I need to stop stalling and pay the debt.

I sent a validation request after that conversation adn have not heard from them since. I think I have an old complaint for permissable question, I have to look for it as I want to send it with the letter and give them 10 days to pay up. After wich I will file the complaint. However if someon has one handy, send it to me babby.

Daddy needs some new shoes

[roybean]

Read your agreement; are you sure she is not personally responsible too?

[Qtip]

Originally Posted by roybean

Read your agreement; are you sure she is not personally responsible too?

She never signed for anything, nor was her social used to secure the credit line.

[roybean]

Originally Posted by Qtip

She never signed for anything, nor was her social used to secure the credit line.

How did they get her info? Are they reporting anything else?

[Qtip]

Possible that I might have had her as authorized user. But do not think so, she hass account with same OC. She has her own personal business accout she signed up for with with zero balance.

Other than that not sure, why they are looking at her, they never sent a collection notice to her. The pull was on august 20th, I personally received a collection notice after the call about week ago or so.

[Gib]

If it is considered a commercial collection, the FDCPA probably doesn't apply to them. If they are on your credit report, the FCRA definitely does.

[Qtip]

Originally Posted by Gib

If it is considered a commercial collection, the FDCPA probably doesn't apply to them. If they are on your credit report, the FCRA definitely does.

Ok the FDCPA does not apply to comercial accounts, however can they pull a hard inquiry from a party not associated with the debt?

The company was incorporated, so only the personal guarantor is responsible for the debt right?

The debt is reported on my files but nothing on hers. I amtrying to understand the comercial debt concept. If I own a company and the company goes kaput, they cannot collect from anyone. However if I own a company and give a personal guarantee, the company goes kaput. Now they can come after me for the debt and it is still considered a comercial collection?

[roybean]

Originally Posted by Qtip

Ok the FDCPA does not apply to comercial accounts, however can they pull a hard inquiry from a party not associated with the debt?

The company was incorporated, so only the personal guarantor is responsible for the debt right?

The debt is reported on my files but nothing on hers. I amtrying to understand the comercial debt concept. If I own a company and the company goes kaput, they cannot collect from anyone. However if I own a company and give a personal guarantee, the company goes kaput. Now they can come after me for the debt and it is still considered a comercial collection?

Yes, because you gave a personal guarantee. You will have to know your state laws too.

[Gib]

You are correct that they had no PP to pull her credit though.

[jlynn]

Originally Posted by Qtip

Ok the FDCPA does not apply to comercial accounts, however can they pull a hard inquiry from a party not associated with the debt?

No. Rules of Permissible Purpose are under the FCRA.

[Qtip]

Originally Posted by jlynn

No. Rules of Permissible Purpose are under the FCRA.

Does this mean that anyone collecting on a comercial debt can pull anyones report without permissable purpose and they are not accountable for that? Crap here I tought I was gonna laugh all the way to the bank.

I tought 1681 b of the FCRA requires PP for anyone pulling the report? 1681n grants relief for consumer or not? Im confused here.

[jlynn]

No, it means they have to follow the rules of permissible purpose as defined in the FCRA, which makes no distinction between commercial and consumer accounts - keep laughing on your way to the bank.

[Qtip]

Wohoo

[Qtip]

I do not recall where I got this, so I cannot give credit to the author. Anywho is this still an ok complaint to attach with the PP letter? Edited appropiatelly of course

UNITED STATES DISTRICT COURT
Whatchamacallit district of wherever

[plaintiff]Consumer
[vs]
[defendant]Defendant and CRA

SERVE: Defendants and CRA’s statutory address.
and
UNKNOWN PERSONS DEFENDANTS

Comes now the plaintiff, [Plaintiff], Pro’SE with standby counsel, and for her Complaint against [Defendant], [the CRA] and Unknown Persons (collectively, the "defendants" unless otherwise specified herein), states as follows:
INTRODUCTION
1. This lawsuit involves the willful, knowing, and/or negligent violation of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., which relates to the dissemination of consumer credit and other financial information ("FCRA").
PARTIES
2. Plaintiff restates and reiterates herein all previous paragraphs.
3. At all pertinent times, plaintiff was and remains an individual domiciled in [City], [State], County.
4. At all pertinent times, [Defendant] was and remains a corporation organized under the laws of and registered to do business in [State], with its principal place of business being located in [Address] ("Company").
5. Based on information and belief, Company is both a "person" and a "user" of consumer credit and other financial information, as said terms are defined and contemplated respectively, under the FCRA.
1. At all pertinent times, [the CRA] was and remains a limited liability company organized under the laws of and registered to do business in Delaware, with its principal place of business being located in Illinois ("CRA").
-> Delaware and Illinois presume TU’s domocile.
If it’s not TU, you’ll need to change this.
7. Based on information and belief, CRA is both a "person" and a "consumer reporting agency," as said terms are defined under the FCRA.
8. Based on information and belief, at all pertinent times Unknown Persons were and remain citizens of [State] (or some other state) and resided in a county or counties therein. Based upon information and belief, Unknown Persons were employees and agents of Company engaged by Company for the purpose of office administration and/or tasks related to Company's business, and had access to computer hardware and software allowing them to, among other things, request and obtain consumer credit and other financial information on behalf of or for the benefit of Company.
9. Based on information and belief, Unknown Persons are both "persons" and "natural persons," as said terms are contemplated and defined under the FCRA, respectively.
10. Based on information and belief, at all pertinent times there was and remains a principal-agent relationship between Unknown Persons and Company regarding Unknown Persons' request of consumer reports for and on behalf of Company, and Unknown Persons were and remain the agents of their principal, Company.
JURISDICTION AND VENUE
11. Plaintiff restates and reiterates herein all previous paragraphs.
12. The claims asserted herein arise under and pursuant to 15 U.S.C.§ 1681 et seq. and this Court's pendant state law claim jurisdiction.
13. This Court has jurisdiction of this litigation pursuant to the FCRA, 15 U.S.C. § 1681p and 28 U.S.C. § 1331.
14. Venue is properly laid in this district pursuant to 15 U.S.C. § 1681p and 28 U.S.C. § 1391(b) and (c).
FACTUAL ALLEGATIONS
15. Plaintiff restates and reiterates herein all previous paragraphs.
16. Based upon information and belief, prior to [Date], Company and CRA entered into a written subscriber agreement in which CRA agreed to, among other things, provide "consumer reports" (as said term is defined under the FCRA) to Company for certain permissible and lawful purposes described under the FCRA and set forth in said written subscriber agreement.
17. Based on information and belief, on or around [Date], Company requested, obtained and used plaintiff's consumer report from CRA and CRA provided (by computer or otherwise) plaintiff's consumer report to Company.
18. Based on information and belief, Company did not have a lawful purpose for requesting, obtaining and using plaintiff's consumer report from CRA, and therefore Company's request, acquisition and use of plaintiff's consumer report was in violation of the FCRA.
19. Based on information and belief, Unknown Persons, while acting for and on behalf of Company and while performing activities within the scope of their business relationship with Company, requested, obtained and used plaintiff's consumer report on or around [Date].
20. Based on information and belief, Unknown Persons did not have a lawful purpose for requesting, obtaining and using plaintiff's consumer report from CRA, and therefore Unknown Persons' request, receipt and use of plaintiff's consumer report was in violation of the FCRA.
21. Based on information and belief, CRA violated the FCRA by furnishing plaintiff's consumer report to Company and/or Unknown Persons.
22. Based on information and belief, CRA violated the FCRA by failing to maintain reasonable procedures to limit the furnishing of consumer reports to persons possessing a lawful purpose described under the FCRA.
23. Based on information and belief, CRA violated the FCRA because it had reasonable grounds for believing that the consumer report requested by, furnished to and used by Company and/or Unknown Persons would not be used by Company and/or Unknown Persons for a lawful purpose described under the FCRA.
24. Company's failure to comply with the FCRA when it requested, obtained and used the plaintiff's consumer report was negligent, as contemplated under 15 U.S.C. § 1681o of the FCRA. As a result of said conduct by Company, plaintiff has been damaged.
25. In the alternative, Company's failure to comply with the FCRA when it requested, obtained and used the plaintiff's consumer report was willful, as contemplated under 15 U.S.C. § 1681n of the FCRA. As a result of said conduct by Company, plaintiff has been damaged.
26. In the alternative, Company's request for, acquisition of and use of the plaintiff's consumer report constituted the knowing and willful receipt of information on a "consumer" (as said term is defined under the FCRA) from a consumer reporting agency under false pretenses, as contemplated under 15 U.S.C. § 1681n and § 1681q of the FCRA. As a result of said conduct by Company, plaintiff has been damaged.
27. Unknown Persons' failure to comply with the FCRA when they requested, obtained and used the plaintiff's consumer report was negligent, as contemplated under 15 U.S.C. § 1681o of the FCRA. As a result of said conduct by Unknown Persons, plaintiff has been damaged.
28. In the alternative, Unknown Persons' failure to comply with the FCRA when they requested, obtained and used the plaintiff's consumer report was willful, as contemplated under 15 U.S.C. § 1681n of the FCRA. As a result of said conduct by Unknown Persons, plaintiff has been damaged.
29. In the alternative, Unknown Persons' request for, acquisition of and use of the plaintiff's consumer report constituted the receipt of information on a consumer from a consumer reporting agency under false pretenses or knowingly without a permissible purpose under the FCRA, as contemplated under 15 U.S.C. § 1681n and § 1681q of the FCRA. As a result of said conduct by Unknown Persons, plaintiff has been damaged.
30. In the alternative, Unknown Persons' request for, acquisition of and use of the plaintiff's consumer report constituted the knowing and willful receipt of information on a consumer from a consumer reporting agency under false pretenses by a natural person, as contemplated under 15 U.S.C. § 1681n of the FCRA. As a result of said conduct by Unknown Persons, plaintiff has been damaged.
31. CRA's failure to comply with the FCRA when it furnished the plaintiff's consumer report to Company and its failure to otherwise comply with the FCRA was negligent, as contemplated under 15 U.S.C. § 1681o of the FCRA. As a result of said conduct by CRA, plaintiff has been damaged.
32. In the alternative, CRA's failure to comply with the FCRA when it furnished the plaintiff's consumer report to Company and its failure to otherwise comply with the FCRA was willful, as contemplated under 15 U.S.C. § 1681n of the FCRA. As a result of said conduct by CRA, plaintiff has been damaged.
COUNT ONE
33. Plaintiff restates and reiterates herein all previous paragraphs.
34. Pursuant to 15 U.S.C. § 1681o, any person who is negligent in failing to comply with any requirement imposed under the FCRA with respect to any consumer is liable to that consumer in an amount equal to the sum of (i) any actual damages sustained by the consumer as a result of the failure and (ii) in the case of any successful action to enforce any liability under 15 U.S.C. § 1681o, the costs of the action together with reasonable attorneys' fees.
35. As a result of defendants' negligent failure to comply with the FCRA, defendants are liable to the plaintiff in an amount equal to the sum of (i) any actual damages sustained by the plaintiff as a result of said failure and (ii) the costs of this action together with reasonable attorneys' fees.
COUNT TWO
36. Plaintiff restates and reiterates herein all previous paragraphs.
37. Pursuant to 15 U.S.C. § 1681n, any person who willfully fails to comply with any requirement imposed under the FCRA with respect to any consumer is liable to that consumer in an amount equal to the sum of (i) any actual damages sustained by the consumer as a result of the failure or damages or not less than $100.00 and not more than $1,000.00; (ii) such amount of punitive damages as the court may allow; and (iii) in the case of any successful action to enforce any liability under 15 U.S.C. § 1681n, the costs of the action together with reasonable attorneys' fees.
38. As a result of defendants' willful failure to comply with the FCRA, defendants are liable to the plaintiff in an amount equal to the sum of (i) any actual damages sustained by the plaintiff as a result of the failure or damages of not less than $100.00 and not more than $1,000.00 for each such violation; (ii) such amount of punitive damages as the court may allow; and (iii) the costs of this action together with reasonable attorneys' fees.
COUNT THREE
39. Plaintiff restates and reiterates herein all previous paragraphs.
40. Pursuant to 15 U.S.C. § 1681q and 15 U.S.C. § 1681n, any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses is liable to that consumer in an amount equal to the sum of (i) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100.00 and not more than $1,000.00; (ii) such amount of punitive damages as the court may allow; and (iii) in the case of any successful action to enforce any liability under 15 U.S.C. § 1681n, the costs of the action together with reasonable attorneys' fees.
41. As a result of Company's and Unknown Persons' knowing and willful request and receipt of information on the plaintiff from a consumer reporting agency under false pretenses, Company and Unknown Persons are liable to the plaintiff in an amount equal to the sum of (i) any actual damages sustained by the plaintiff as a result of the failure or damages of not less than $100.00 and not more than $1,000.00 for each such violation; (ii) such amount of punitive damages as the court may allow; and (iii) the costs of this action together with reasonable attorneys' fees.
COUNT FOUR
42. Plaintiff restates and reiterates herein all previous paragraphs.
43. Pursuant to 15 U.S.C. § 1681n, any natural person who obtains a consumer report under false pretenses or knowingly without a permissible purpose under 15 U.S.C. § 1681b is liable to that consumer in an amount equal to the sum of (i) any actual damages sustained by the consumer as a result of the failure or $1,000.00, whichever is greater; (ii) such amount of punitive damages as the court may allow; and (iii) in the case of any successful action to enforce any liability under 15 U.S.C. § 1681n, the costs of the action together with reasonable attorneys' fees.
44. As a result of Unknown Persons' request and receipt of a consumer report under false pretenses or knowingly without a permissible purpose, Unknown Persons are liable to the plaintiff in an amount equal to the sum of (i) any actual damages sustained by the plaintiff as a result of the failure or $1,000.00, whichever is greater; (ii) such amount of punitive damages as the court may allow; and (iii) the costs of this action together with reasonable attorneys' fees.
COUNT FIVE
45. Plaintiff restates and reiterates herein all previous paragraphs.
46. Defendants' conduct, as described herein, constituted an invasion of plaintiff's solitude and seclusion which was offensive to any person of ordinary sensibilities. Said invasion was an unreasonable intrusion into the private life and matters of plaintiff and constituted a public disclosure of private matters, and has damaged plaintiff.
47. Defendants' conduct, as described herein, constitutes an unlawful and actionable invasion of plaintiff's privacy, which conduct has damaged plaintiff, entitling plaintiff to an award of damages, compensatory and punitive, against defendants.
COUNT SIX
48. Plaintiff restates and reiterates herein all previous paragraphs.
49. As the principal of its agents, Unknown Persons, Company is liable to plaintiff for any and all damages suffered by plaintiff as a result of the unlawful acts of Unknown Persons.
WHEREFORE, plaintiff, [Plaintiff], by counsel, demands relief against the defendants, [Defendant], [the CRA] and Unknown Persons, as follows:
A. Under Count One, a judgment against the defendants in an amount equal to any actual damages sustained by the plaintiff.
B. Under Count Two, a judgment against the defendants in an amount equal to any actual damages sustained by the plaintiff or damages of not less than $100.00 and not more than $1,000.00, and such amount of punitive damages as are deemed fair and just by the trier of fact.
C. Under Count Three, a judgment against the defendants, Company and Unknown Persons, in an amount equal to any actual damages sustained by the plaintiff or damages of not less than $100.00 and not more than $1,000.00, and such amount of punitive damages as are deemed fair and just by the trier of fact.
D. Under Count Four, a judgment against the defendants, Unknown Persons, in an amount equal to the sum of any actual damages sustained by the plaintiff or $1,000.00, whichever is greater, and such amount of punitive damages as are deemed fair and just by the trier of fact.
E. Under Count Five, a judgment against the defendants in an amount equal to any actual damages sustained by the plaintiff, and such amount of punitive damages as are deemed fair and just by the trier of fact.
F. Under Count Six, a judgment against the defendant, Company, for any and all damages and amounts awarded against Unknown Persons.
G. Interest on the aforementioned judgments at the maximum rate and for the maximum duration allowed by law.
H. Trial by jury on all issues so triable.
I. Under Counts One, Two, Three, Four, and Six and as required under the FCRA, an award of attorneys' fees and costs herein incurred.
J. Temporary and permanent injunctive relief restraining Company from further requesting, obtaining or using plaintiff's consumer report or any other information, consumer credit information or otherwise, regarding plaintiff from a consumer reporting agency without a permissible purpose as listed in the FCRA and restraining CRA from furnishing plaintiff's consumer report or any other information regarding plaintiff, consumer credit or otherwise, to any person absent the existence of a permissible purpose as listed in the FCRA.
K. Any and all other relief to which plaintiff may be entitled, including the right to amend this Complaint to add additional claims and/or additional parties after conducting appropriate discovery.
FURTHER, Pray for all such additional, general and equitable relief as may be necessary and proper in the premises.

Respectfully submitted,

[Attorney for Plaintiff

[Qtip]

Will this letter work? Extract fromt he letter generator;

Joe Sixpack
1123 Main Street
City, State 12345-6789

September 06, 2006
Certified Mail # 0000 0000 0000 0000 0000

Attn: Legal Department


To XYZ,

During a standard review of my credit files from the three major credit reporting agencies I was dismayed to find an inquiry posted by XYZ on [DATE OF INQUIRY].

Please explain the Permissable purpose to obtain my credit file, I don't recall applying for credit or employment with your company.

From the FCRA § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

"(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater."

From the 1998 FTC opinion letter Greenblatt at http://www.ftc.gov/os/statutes/fcra/greenblt.htm:

"Any person who procures a consumer report under false pretenses, or knowingly without a permissible purpose, is liable for $1000 or actual damages (whichever is greater) to both the consumer and to the consumer reporting agency from which the report is procured."

Please explain your permissible purpose for your obtaining my credit file. XYZ not have a permissible purpose; XYZ is liable for damages of $1,000 or greater. I am willing to accept an immediate $1,000 settlement and deletion of the inquiry. You have 20 days or until September 26th 2006 to explain what was your permissable purpose to view my personal credit file or delete the hard inquiry and send me a check in the amount of $1000 as liquidated damages. Please note that after the 20 days, the attached complaint could be filed in federal court with no further notice to you.

I look forward to hearing from you to resolve this in an expeditious and amicable manner. Do not call me at home or work. Do not contact my family or friends. Only contact me via mail, or at my fax number above.

Best Regards,


Joe Sixpack