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Question

can collection agencies pull your credit rreport without your permission

Submitted: 467 days and 9 hours ago.
Category: Legal
Value: $15
Status: AWAITING EXPERT REPLY
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Denton, Texas

Already Tried:
Can a collection agency pull your full credit report without your permission if there has been no credit contact between the two?

Accepted Answer

Generally yes. But in reality they do have your permission. Many collection agencies buy delinquent acconts, and with that comes your financial information you gave when you requested the credit card or the loan. And if they are working as agents of the lender, then they have that right because you gave them permission when you applied for credit. It's all in the fine print of the original documents.

Please click ACCEPT now, so that I may get credit for this answer. We can still communicate after you click Accept. Also please leave positive feedback.

The answer provided is for informational purposes only and is not legal advice. No attorney-client relationship has been formed. You should seek an attorney in your area to obtain legal advice.

Expert: Legal Enigma
Pos. Feedback: 96.4 %
Accepts: 
Answered: 8/12/2008

Attorney

California trial attorney; civil litigation, business law, international law, family law

466 days and 6 hours ago.

Reply

yes I do need help with this because if this is a california lawyer why did she not know that a case against experian in a lower court ruling was overturned by the 9th district court of appeals in CAlifornia in favor of the debtor that by experian allowing a collection agency to pull her credit was without her permission She needs to look in the 9th district appeals court of Ca and there she will find that case. I found it, so can she.
The appeals court ruled that experian did not have permissable purposes from the account holder for the collection agency or did she request any line of credit from the collection agency. And even though the original creditor sold her account off for pennies on the dollar that did not become a binding contract between the collection agency and the debtor. That the collection agency did not have the right to pull the credit report without witten permission from the debtor or did they have any binding or written contract with her. They ruled that a third party does not have written permission because they are not on the contract with the debtor, lend her any money or is the debtor indebted in anyway to the collection agency. Even though the collection agency now owns the account by way of sale from the creditor that the contract still remains between the origninal credtor and the borrower.
Experian was ordered to pay for their actions in the matter. I have found other cases from other states with the same findings but can not find anything from my state. So how is that a California lawyer who is not licensed to practice law in Texas not know a case from their state's appeals court of the 9th district?
That is just plain taking 15.00 from me for nothing. Be ashamed. She never gave me any case law on the answer she gave to back up her answer so therefore I do not feel that she is intitled to take money from me for this. If she can show me where it says that the collection agency has permissible rights to pull the credit then I will gladly pay 15. for that information. Not something she just tells me yes they can. How does she know this? Show me how she determined that they have that right. Where are the laws on this?
Barbra Lloyd

Posted by Legal Enigma 466 days and 6 hours ago.

Info Request

Dear Ms. Lloyd,
my apologies if you are unsatisfied with my answer. Please know that my answer had many qualifications in it which made it dependent on your personal facts.

What I will do, is withdraw from your quetion so that another of our Legal Experts can answer.

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The answer provided is for informational purposes only and is not legal advice. No attorney-client relationship has been formed. You should seek an attorney in your area to obtain legal advice.

466 days and 4 hours ago.

Reply

The collection agency bought this account from another collecteion agency. This is the second one to own the account and each time the account has grown. Both the collection agency and the card company list the account on my credit and each have a different amount.
The 9th district of Cal overturned a lower Ca court ruling in favor of Experian and said that the the pre 2006 amendment to the FCRA did not give Collection agencies the right to pull your credit report or did it give the credit bureau permission to give out your report to anyone other then permissible purposes or employment purposes. This is neither and since the contract was with the orgin creditor for credit and no contract or credit was extended between the collection agency and the debtor that a relationship between the two did not exist for credit purposes. Thus Experian paid the price as did the collection agency for the information to be given out without permission.

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