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Can a company continue to review your credit info if they have charged off and sold your account to another lender? On my Experian report, Sears is reporting that the account has been discharged and sold to another lender in September of 2000. On my Trans Union report I noticed that Sears reviewed my account in Septmeber 2002. Is this something I can sue Sears for?

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This is a fine line - they are not technically a current creditor, and they are not issuing you further credit, so I would say they are in violation.

Why not write to them and ask what their permissible purpose was? You can't just run to court without giving them a chance to rectify the situation.

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Cap one is doing the same thing to my husbands reports for a charged off account from 1997. About every three months they are hitting it with HARD inquiries and saying "collection purpose". Get real! They can easily do soft inquiries from their AR department if they need to look at the account. What can we do??? :confused:

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I'd write them and tell them that they need to remove them or get ready to pay up. Here's a letter...

Your Name

Your Address

City, State Zip


Legal Department

November 7, 2002

To whom it may concern:

As per my Equifax credit report, your company obtained my credit file on 7/19/02.

I don't recall applying for credit or employment with <creditor name>.

From the FCRA § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

"(B) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater."

From the 1998 FTC opinion letter Greenblatt at http://www.ftc.gov/os/statutes/fcra/greenblt.htm:

"Any person who procures a consumer report under false pretenses, or knowingly without a permissible purpose, is liable for $1000 or actual damages (whichever is greater) to both the consumer and to the consumer reporting agency from which the report is procured."

Please explain your permissible purpose for your obtaining my credit file. Should you not have a permissible purpose, please arrange for payment of $1,000 by November 15, 2002.

Please respond via fax to (555) 555-1212.


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