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vonzellsolomon

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Debt collector making hard inquiries, is this legal? how many times can they do it in a year?
Debt collector making hard inquiries, is this legal? how many times can they do it in a year?....I dont even believe this is a true debt. I have never heard of this company. What should I do?

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Yes it is legal. As you will see below, this action would fall under the (F)(i) and (F)(ii) subsections. Similarly, courts have found "The Fair and Accurate Credit Transactions Act of 2003 made clear that debt collection was a permissible purpose for obtaining a credit report under Section 1681b(a)(3)(A) only in connection with a "credit transaction" in which a consumer had participated directly and voluntarily."

FCRA § 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b] (a) In general. Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other:

 (F) otherwise has a legitimate business need for the information

(i) in connection with a business transaction that is initiated by the consumer; or

(ii) to review an account to determine whether the consumer continues to meet the terms of the account.

If it is not an accurate debt, you need to dispute it, the first thing is the obvious thing...Call the collection company (or answer their call bc it is likely they are calling you). You need to fight it head on and take the initiative, either it is false and you need to fight it or it is legitimate and you forgot about it and now need to take care of it. Working with them is always the best bet, they can be scummy sometimes, but normally if you work with them they will work with you.

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JBirley15

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However, i should state there are limits to when they have that right, it does have to be in connection to a debt that you defaulted on and that you entered into willfully. The case that I quoted from abov got remanded and was actually ruled in favor of the consumer but that was because the collection agency was going after her for a tow truck bill on a car she originally bought for her son and transfered it to him once he paid her back. So once again it will really depend on whether this is a legtimate debt or not. If not they will have to remedy the situation.

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