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Home Compliance

Suit Accuses Law Firm of Accessing Credit Report Without Permissible Purpose

mikegibb by mikegibb
April 12, 2024
in Compliance, FCRA, FDCPA
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EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon first. Want to learn more? Call (855) WEB-RECON or email admin@webrecon.net today! Thanks to WebRecon for sponsoring this series.

DISCLAIMER: This article is based on a complaint. The defendant has not responded to the complaint to present its side of the case. The claims mentioned are accusations and should be considered as such until and unless proven otherwise.

I like brevity as much as the next guy, but this complaint takes the cake for having the shortest “facts” section of a federal lawsuit that I’ve seen to date. A lawsuit has been filed against a collection law firm for violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act because it allegedly accessed the plaintiff’s credit report without having a permissible purpose to do so.

The Background: Usually, I have to summarize the facts of a complaint because they are too long. But not this time.

  • Plaintiff requested a copy of their consumer report for review from Transunion in which it was discovered that the plaintiffs report had been pulled by [Defendant] on the date of November 22nd 2023.
  • As a result of the actions and inactions of the defendants, Plaintiff suffered damages, including but not limited tom mental and emotional distress, seclusion upon inclusion, and invasion of privacy.
  • That’s it. That is the sum total of this lawsuit.

The Claims: The suit accuses the defendant of violating Sections 1692e(10) of the FDCPA and Section 1006.18(d) of Regulation F by pulling the plaintiff’s credit report without a permissible purpose. The defendant is also accused of violating Section 1682b(f) of the FCRA by accessing the plaintiff’s credit report without a valid reason to do so.

  • The suit also accuses the credit bureau of violating Section 1681e(a) of the FCRA by failing to maintain reasonable procedures when furnishing the report to the collection law firm.

Learn More.

Related

Tags: 24-cv-00326District Court for the Western District of North Carolina
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