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Small Claims for Unauth Inquiry


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Anyone seen a string of posts / sticky on how to take someone to court who pulled your CBR from your check w/o any authorization?

Not 1x, but twice now (and I have no idea how) Neiman's is pulling my CBR when I write a check there....

Don't know the process, amounts, etc... but don't want to double post

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Here is the law and FTC opinions for pulling your credit report without PP:

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."

Below is an excerpt from the 1998 FTC Opinion Letter to Mr Greenblatt:

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."

Also from the Fair Credit Reporting Act:

FCRA § 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1) any actual damages sustained by the consumer as a result of the failure;

(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

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