[mtnair]

Pulled DH's CR today.

Found strange soft pulls.

I purchased a truck in Reno in 8/02. DH is NOT on loan.

This auto dealer has pulled DH's CR:

7/06, 7/05, 3/05 twice

I had received a letter in Jul from said dealer saying I owed them a payment, supposedly they paid a car payment, (took them abt. 3 weeks to get loan). Threating lawsuit in 10 days if I didn't pay them. I sent them a dispute letter and told them my paper work show my downpayment paid in full, cough up the paperwork where I agreed to this.

Day they sent me the letter they then pulled DH CR.

Also found hard pulls for Accounts Receivable Mgmt and M R S Associates. He never got anything from them.

What would you do?

[direred]

My understanding of the laws in California is that I don't have permission to pull my spouse's credit report without his permission.

However, in a community property state, if you did owe $, I don't know what the case law says about their pp. I know they can come after a spouse for the other spouse's debt, but I'm not sure collections is a pp this early in the process.

This one's all about the case law.

[mtnair]

Originally Posted by direred

My understanding of the laws in California is that I don't have permission to pull my spouse's credit report without his permission.

Husband was standing behind me, so he knew what was going on.

[mtnair]

They never answered my dispute, or filed a lawsuit.

[hannah]

Originally Posted by mtnair

Husband was standing behind me, so he knew what was going on.

I don't think that is what she meant...in a community property state like California, since the spouse can be held responsible for certain debts, it may be permissible to pull one spouse's CR for the other spouse's debt.

I don't live in a community property state and have never researched this. My first inclination would be to find out what they say their PP was to pull the CR.

[mtnair]

Found this under California Civil Procedures:

1785.31. (a) Any consumer who suffers damages as a result of a
violation of this title by any person may bring an action in a court
of appropriate jurisdiction against that person to recover the
following:
(1) In the case of a negligent violation, actual damages,
including court costs, loss of wages, attorney's fees and, when
applicable, pain and suffering.
(2) In the case of a willful violation:
(A) Actual damages as set forth in paragraph (1) above:
( Punitive damages of not less than one hundred dollars ($100)
nor more than five thousand dollars ($5,000) for each violation as
the court deems proper;
? Any other relief that the court deems proper.
(3) In the case of liability of a natural person for obtaining a
consumer credit report under false pretenses or knowingly without a
permissible purpose, an award of actual damages pursuant to paragraph
(1) or subparagraph (A) of paragraph (2) shall be in an amount of
not less than two thousand five hundred dollars ($2,500).

So, for pulling CR "under false pretenses" the award is $2,500.

So, DH is going to write a letter asking for PP. Thanks

[direred]

Originally Posted by hannah

I don't think that is what she meant...in a community property state like California, since the spouse can be held responsible for certain debts, it may be permissible to pull one spouse's CR for the other spouse's debt.

I don't live in a community property state and have never researched this. My first inclination would be to find out what they say their PP was to pull the CR.

Apparently, a key is ECOA Regulation B, though I haven't had time to dig.

Here's an FDIC note about it:

http://www.fdic.gov/news/news/financ.../fil0604a.html

[mtnair]

Received the answer to DH PP letter to Auto Dealership.

"Please accept my apologies for not answering your letter more promptly, but it took us several days to search through our files for something under your name. We show no record of you or anyone with your name in our system. I checked with our internet department as we subscribe to numerous internet companies that forward inquires to us regarding the XXX or XXX brand and often inquires on a particular used vehicle we have in stock. We are given permission by the special finance internet companies that send us the leads to run a credit report. Rarely do we run them as we like to speak to the customer first.

If you can remember inquiring on one of the 800 numbers, that may be it. I hope this is some help for you and if I can be of further assistance to you feel free to call me."

The letter is signed by the business manager.

DH hasn't looked at cars to purchase in over 4 years, this dealer is over 300 miles away. I probably could point them in the right direction of whom pulled the report. (More then likely the person who sent me the letter threatening a lawsuit that they never filed.)

Now what?

[jlynn]

Originally Posted by mtnair

We are given permission by the special finance internet companies that send us the leads to run a credit report.

Well the "special finance internet companies" cannot give permission to them to pull YOUR's or ANYONE's report, until they are given permission by the consumer.