Was your identification stolen? The FCRA regulates when another company can access your credit. If your credit is accessed when the company does not have a permissible purpose you may be entitled to compensation. A lawsuit under the FCRA permits you sue for attorney’s fees, statutory damages and actual damages.
The basic question is, when is someone allowed to pull a credit report for a person without their permission? Obviously, anyone can pull your credit if you do give them permission to do so. Let’s say that you give no one permission, but they pull it anyway.
Permissible Pulls
The following are permissible pulls.
- When applying for a job;
- When applying for credit;
- When applying for insurance;
- When applying for certain government benefits or licenses that require proof of financial responsibility.
Impermissible Pulls
A debt collector can pull credit if it is related to a credit transaction which includes attempting to collect a mortgage debt, credit card or any other consumer line of credit. However, they cannot pull credit when it comes to attempting to collect taxes, debts from parking tickets or towing expenses.
Also, just anyone cannot pull your credit. If they do without permission, they have likely violated the FCRA.
It is improper for a creditor to pull credit for a spouse when the other spouse is attempting to gain financing. Unless they have consent.
It is also improper for a previous creditor to pull your credit file. Sometimes a debt is discharged in bankruptcy. However, the previous creditor still pulls your credit. If this happens it may violate the FCRA.
If someone pulls your credit for an impermissible purpose, they may have violated the FCRA. If this is the case, California Debt Harassment Attorney may be able to act on your behalf with no money out of your pocket. You many be entitled to attorney’s fees, statutory damages and actual damages for this violation.
