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Do I have a case?


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Power Windows and siding pulled my credit and I absolutely did not authorize it. I don't know how they got my ssn. This was after they met me at my property 3/26/07 gave me a crazy sales presentation. First the estimate was high, then they claimed they would knock off a certain amount if I committed right then and there. I declined.

A few days later they called to let me know that if I would go with them they would include my windows on a commercial order they had and save me more money. More b@*^sh%t.

I received an online notification that a "hard inquiry" was made on my TransU report. I sent a certified letter and received the receipt on 4/12/07.

I made several follow-up phone calls. No response. Today I was able to penetrate their flawed phone system. Now they are scrambling around because I guess they detected my serious tone.

You should hear the excuse they used. They know they violated some FCRA law besides their unethical sales techniques. I think they are scared. Do I have a case? I am ready to put these clowns down.::BigGun::

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Don't use form letters. Write it in your own words.

Quote the FCRA, let them know that you know your rights and will bring suit against them for violating. Might also want to throw your weight around in other ways, like contacting the BBB, your state's AG and any consumer reporters in your locale.

Also check to see if this profession is regulated by your state gov't.

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They don't need a SSN to pull a CR.

I used to work for a Car lot and the finance manager

showed me one of my clients CR's based only on name and address.

I just had an Unauth'd inq on my CR in April.. I did not give

them my SSN...

This is a clear violation....

Looks like you may be gettin free Power Windows and Locks.. be happy.. :-)

:-)

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Forget the windows I would rather have the CASH!!!

What is this violation worth? How much do you guys think I could sue for if there is no set amount? What about punitive damages for their unethical business/sales tactics? Anyone know of any lawyers in my area (Phila)

I will send an ITS letter Mon 6/4/07:twisted:

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Haven't sent the ITS letter as promised. Before I send it I wanted to get some suggestions and/or maybe a letter that has worked for others. I want to send it this week.:confused:

Once you et a basic draft, post it up here (git rid of all your identifying info like name, etc fist) - I'm sure everyone will be glad to read through it and offer tips

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What do you guys think?:confused:

I also posted it in the legal section.

To whom it may concern,

I am writing this letter as official notification of my intent to pursue legal action against your corporation Power Windows and Siding.

On approximately March 27, 2007 your corporation made a hard inquiry into my credit without authorization and or permissible purpose. After sending an initial letter to inform you of this situation which was received and signed for by------------------ on ----------------- I received no response. After I placed a follow-up phone call on April 24, 2007 and left a message once again I received no call back. After finally making contact with someone and customer relations and explaining the situation in his attempt to transfer the call I was disconnected and was never called back.

The unlawful inquiry into my credit is a violation of FCRA regulations and an invasion of privacy. Your corporation's lack of response and hesitation on resolving the situation has led me to pursue legal action. I've been informed of my options and the possible results of legal action. The projected outcome ranges from punitive and or compensatory damages, reports and filed complaints with the BBB and related agencies, and adverse effects to your company’s reputation and business. Furthermore media involvement to publicize this incident is also a possibility that will be explored.

This letter is not a threat but instead an attempt to generate a mutually beneficial solution or agreement. A response in writing within 15 days of the receipt of this letter with options to solve this problem with minimal parties involved will prevent further legal action and reports to aforementioned agencies.

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Not bad.

One thing missing...maybe I'm not seeing it:

What exactly do you want out of this?

I don't see anything that says "remove this inquiry and then I'll go away....." or anything along those lines. If you want $$, tell them that. I would file the reports with the BBB and what not anyways...let them know you already filed...turn the heat up on them a bit

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Forget the windows I would rather have the CASH!!!

What is this violation worth? How much do you guys think I could sue for if there is no set amount? What about punitive damages for their unethical business/sales tactics?

I will send an ITS letter Mon 6/4/07:twisted:

"Anyone know of any lawyers in my area (Phila)" Damn your return was just cut by 30-40%.

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I don't understand this, or maybe I do.

You are wondering if you have a case where you can sue a company for pulling your credit report without your permission?

I don't think it will be worth the headache to try. I can relate, how ever..I think it's wrong for them to do it and there should be some way to make them pay the consequences for violating your privacy.

How ever...I worked in a job where I did credit checks all day long and as long as it was the person who we were pulling the report on TELLING us we had their permission to pull it, we were covered. Mind you we always did get their permission first, and if over the phone, it didn't have to be recorded, but in person, the verbal permission was acceptable.

If they are crooked enough to pull your report without your permission, I have a feeling they are crooked enough to stand up in court and lie by saying that you gave them verbal permission while they were working up the estimate.

I'm only trying to show you here what you might be up against...your word against theirs in court, I don't condone what they did.

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  • 2 weeks later...

I get a letter from them apologizing and explaining how it happened it was not our intent to blahh blah blah and we been in business 20 years blah blah blah...

But they never addressed the terms of settlement in the letter. I called them and the COO said he would talk to his legal department to see what their options were. Two days later I get a letter basically saying we ain't giving you squat. They are not liable for the unauthorized inq because it was accidental and under FCRA reg. it has to be "willful noncompliance"

Thinking about going all the way on this one.

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I get a letter from them apologizing and explaining how it happened it was not our intent to blahh blah blah and we been in business 20 years blah blah blah...

Thinking about going all the way on this one.

"Dear Idiots,

Thank you for admitting your actions. I'll settle for $500, or you can produce the customer with a "similar ssn" in court.

Warmest Regards,

You"

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It does seem odd that suddenly after you were offered a bid proposal they ran your credit report. However, the reality of proving they did it on purpose might be hard. I would file a complaint with your AG and send them a copy. I would file complaints with as many agencies as possible. Do it one at a time, once they answer the complaint from the BBB, then file a complaint with the AG. Make them waste time and money responding to all the complaints.

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File the case.

I am going to write Wolpoff and Abramson my letter to pay up or we are going to court. [They pulled my credit after I requested validation of a debt which they never validated--continued collection activity]

I just filed a complaint with the FTC when I go home it will be the BBB and the IL AG, and then the court. Am I missing anyone.

C1

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