Leadhead Posted September 28, 2004 Report Share Posted September 28, 2004 How does one go about enforcing the following:§ 619. Obtaining information under false pretenses [15 U.S.C. § 1681q]Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both.Do you simply go to your local police station and swear out a complaint or does a prosecutor have to? Link to comment Share on other sites More sharing options...
anti-something Posted September 28, 2004 Report Share Posted September 28, 2004 reading the law, i think it says that the FTC has the right to prosecute. also it says for a state; the chief law enforcement officer of a State, or an official or agency designated by a State,so, i would try whoever in your state does that kind of stuff. i think in TX its the office of consumer protection (its written in the statute) Link to comment Share on other sites More sharing options...
Recovering Attorney Posted September 28, 2004 Report Share Posted September 28, 2004 If you want to enforce the criminal aspect of a federal law, call your local FBI and/or your local US Attorney's Office, Criminal division. I doubt a local prosecutor would be interested in this. Link to comment Share on other sites More sharing options...
Leadhead Posted September 28, 2004 Author Report Share Posted September 28, 2004 If you want to enforce the criminal aspect of a federal law, call your local FBI and/or your local US Attorney's Office, Criminal division. I doubt a local prosecutor would be interested in this.Do you really think a US attorney would prosecute something like this, given they have much more important things, like terrorism, to worry about? Link to comment Share on other sites More sharing options...
DocDon Posted September 28, 2004 Report Share Posted September 28, 2004 There job is to uphold the law - all of them. They can't say "we're not taking cases less severe than terrorism". Link to comment Share on other sites More sharing options...
Leadhead Posted September 28, 2004 Author Report Share Posted September 28, 2004 I agree, Doc.I wonder, though, what exactly is needed to file such a complaint.I had a CA pull my CR twice AFTER being notified the account they were collecting for wasn't mine. In April/2003 there was a Citibank CC account on my report that wasn't mine. When I called Citi, I was told they sold it to a CA (not named due to pending legal issues). Contacted the CA, submitted the necessary fraud paperwork, they looked into it and said they'd take care of it. Then, in August/2004, I see they pulled hards twice. When I called them, they avoided me like the plague. I'm really hacked off! Link to comment Share on other sites More sharing options...
ghacorp Posted September 28, 2004 Report Share Posted September 28, 2004 It's a very weak case here. You may need allege actual damages such as you were denied employment, lost your home or some other adverse consequence as a result of someone doing a credit inquiry. Link to comment Share on other sites More sharing options...
Leadhead Posted September 28, 2004 Author Report Share Posted September 28, 2004 It's a very weak case here. You may need allege actual damages such as you were denied employment, lost your home or some other adverse consequence as a result of someone doing a credit inquiry.No...no...no...no...no...no ghacorp. This isn't a weak case!This CA KNEW this was not my account. I contacted them in a pre-emptive move to make sure they would not report the account, and not to pull my report. I have a letter signed by their president stating same. As for actual damages, how about invasion of privacy, libel, just to start, not to mention statutory fines of $1K each and punitive damages. This CA is ALWAYS in hot water for FCRA and FDCPA violations as evidenced by the immense number of lawsuits filed against them. Link to comment Share on other sites More sharing options...
DocDon Posted September 28, 2004 Report Share Posted September 28, 2004 I have to agree. Violations of the FDCPA and FCRA do not require any damage be a result of the violation.The FCRA clearly states that anyone who obtains credit information under false pretences is liable - doesn't say their action has to cause specific damage. The violation took place as soon as they clicked "submit" on their keyboard- it became a criminal matter at that point. Link to comment Share on other sites More sharing options...
missinglink Posted October 1, 2004 Report Share Posted October 1, 2004 How does one go about enforcing the following:§ 619. Obtaining information under false pretenses [15 U.S.C. § 1681q]Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both.Do you simply go to your local police station and swear out a complaint or does a prosecutor have to?I can tell you what I did. I used that violation as one of my defenses in my motion to vacate papers. I didn't list the violation but I had to word it in such away that the judge would understand that this CA had no business in my credit report, they used a skip tracing company. Thats how they found out where I bank. Mine was fraud.I'm still waiting for a court date! Even if this CA comes back and whats to drop this lawsuit, which I think the judge will throw it out before that happens. I will still be able to get that CA fined or a jail sentence. They will not be able to walk away from this one. If you can submit that violation with a lawsuit then do it. Other then those 2 ways of doing it I don't know how to get that violation in front of the judge. Link to comment Share on other sites More sharing options...
Chancy949 Posted October 4, 2004 Report Share Posted October 4, 2004 I have a question similar to this.My husband's name and my name were on the lease. (whole story on another thread)Collection agency pulled both our reports in the same month. The collection agency only went after my husband and only reported on my husbands credit report.can I get her on anything for pulling my report? Also I have another collection agency that pulled my report and tried to collect on an old debt. I challenged them with the CRA and they removed the TL because they could not verify (btw, it was Arrow)So now I have a pull/but no TL for both collectors.I'd like to get the first one on something! and the second one i'd like to get removed. Called the CRA about the 2nd one and they said "to bad, so sad, it stays, they don't remove inquires"Sorry to butt-in on a thread, but this seemed like a similar case.thanks! Link to comment Share on other sites More sharing options...
Leadhead Posted October 4, 2004 Author Report Share Posted October 4, 2004 It seems that non-PP pulls are more and more prevelant.The reason I bring up enforcement of FCRA 619 is that I'm sick of entities looking at my (and ya'lls) private financial information whenever they please and without significant repercussions. It's OK to get statutory $$$ for such violations, but the threat of jail time would provide a big inducement to these bozos to be more careful when pulling reports. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 4, 2004 Report Share Posted October 4, 2004 leadhead,I personally think you would be hard pressed to find any prosecutor interested in filing criminal charges against a corporation for violating this law. I would call the FBI to complain, and the FTC, but I would not hold my breath. This is not to say there is not a problem or a wrong here. it's just a " small potatoes" crime. Link to comment Share on other sites More sharing options...
Leadhead Posted October 4, 2004 Author Report Share Posted October 4, 2004 leadhead,I personally think you would be hard pressed to find any prosecutor interested in filing criminal charges against a corporation for violating this law. I would call the FBI to complain, and the FTC, but I would not hold my breath. This is not to say there is not a problem or a wrong here. it's just a " small potatoes" crime.I know...but I'd bet if I broke into the CA's computer system just to look around and saw their private information...I bet all hell would break loose.I'm going to send a complaint to our local US DA here in Atlanta and see what happens. Maybe at least filing a criminal complaint will persuade the CA to settle my lawsuit against them. Link to comment Share on other sites More sharing options...
DocDon Posted October 4, 2004 Report Share Posted October 4, 2004 ID theft is not small potatoes. Illegal surveillance is not small potatoes. Violating an individual's right to feel secure is not small potatoes. If they can't understand that, they need to find a new job. Link to comment Share on other sites More sharing options...
schellmis63 Posted October 4, 2004 Report Share Posted October 4, 2004 What about this one, the CRA that I am dealing has a Non-PP on my credit report and also their attorneys,, what about that?? Has anyone seen this before? Link to comment Share on other sites More sharing options...
DocDon Posted October 4, 2004 Report Share Posted October 4, 2004 Apparently there's nothing that can be done. Our prosecutors only take cases that will land them a 30-second "look at me" blurb during Shepard Smith's newscast. Link to comment Share on other sites More sharing options...
schellmis63 Posted October 5, 2004 Report Share Posted October 5, 2004 We still can sue them for Non-PP correct?? Everything I read says that under the FCRA they cannot do that with out authorization. I am off to file a complaint to the FTC against their lawyersI can do that right?? Doc? Link to comment Share on other sites More sharing options...
DocDon Posted October 5, 2004 Report Share Posted October 5, 2004 A CA/attorney pulled a Non-PP? Or the CRA's lawyers pulled your report? I don't see anything in the FCRA that allows them to do so.If an attorney has done this, file a complaint with their State Bar as well. Link to comment Share on other sites More sharing options...
schellmis63 Posted October 5, 2004 Report Share Posted October 5, 2004 Yes, they both did it, The CRA did it sometime in 03 and their attorney did it in Feb of this year. I have been reading the FCRA laws. Can you explain to me what this means?A Intents to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extention to, or review or collection of an account of, the consumerDoes that statment mean that collection agency can view your report?or does that mean the OC from whom you have credit with only can view it?Right now Doc, I am filing a complaint against them both. Link to comment Share on other sites More sharing options...
schellmis63 Posted October 5, 2004 Report Share Posted October 5, 2004 I think that I might get the abrevs. confused. The CA is the collection/ the collectors did and their attorney did on seperatley Link to comment Share on other sites More sharing options...
Leadhead Posted October 5, 2004 Author Report Share Posted October 5, 2004 I think that I might get the abrevs. confused. The CA is the collection/ the collectors did and their attorney did on seperatleyJust to clarify a few things:1. A collection agency, not a credit reporting agency, obtained your credit report without a permissible purpose.2. The collection agency's attorney did the same thing.3. You don't have a legitimate collection account at this collection agency. If you did, they'd have a PP, as would their attorney. Link to comment Share on other sites More sharing options...
schellmis63 Posted October 5, 2004 Report Share Posted October 5, 2004 let me understand this better, or some questions as I go alongIf the CA does a pull for collection purposes, and they say that they are collecting for the OC, (grounds to view the debt) then they turn around and by the debt, is that not authorized?? I am not applying for credit from the CA, also why would the attorney do a pull when they are sueing me for the CA?? Here is another questionI have read that if the CA buys the debt, they do not have to be licensed because they are now the OC?? So this scum bag outfit has decided not to collect in my state but buy the debt and get away with it??Oh man, what a way to work the system Link to comment Share on other sites More sharing options...
schellmis63 Posted October 5, 2004 Report Share Posted October 5, 2004 I am sorry for so many posts but questions are popping. If an CA (make sure I got that right) collections agency can do a hard pull, what permissable purpose would an attorney? TO look for assets that is the only thing that I can come up with.. I should be able to prove this.. some how! Link to comment Share on other sites More sharing options...
Leadhead Posted October 5, 2004 Author Report Share Posted October 5, 2004 let me understand this better, or some questions as I go alongIf the CA does a pull for collection purposes, and they say that they are collecting for the OC, (grounds to view the debt) then they turn around and by the debt, is that not authorized?? I am not applying for credit from the CA, also why would the attorney do a pull when they are sueing me for the CA?? If the debt is legitimately yours, the CA has the right to pull your credit, as well as their lawyer, who would pull your credit to see if you're worth filing a lawsuit over.If the CA bought the debt...same thing. Here is another questionI have read that if the CA buys the debt, they do not have to be licensed because they are now the OC?? That's up to your state's laws on collection agencies...a debt buyer is still a collection agency. There is only one OC. So this scum bag outfit has decided not to collect in my state but buy the debt and get away with it??Oh man, what a way to work the system Link to comment Share on other sites More sharing options...
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