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Pintos Revised!


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The Ninth Circuit has issued a superseding opinion in the case of Maria Pintos. If I'm reading this right, EX is now on the hook as the case goes back to District Court. Also would seem to read that a CA can't pull a CR without a judgment.

http://www.ca9.uscourts.gov/datastore/opinions/2009/04/30/0417485.pdf

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Because the current case involves neither a transaction for which Pintos sought credit nor the collection of a judgment debt, we conclude that § 1681b(a)(3)(A) did not authorize PCA to obtain the credit report on Pintos. Thus, we vacate the judgment of the district court and remand for further proceedings regarding the defendants’ liability. We also vacate the district court’s order regarding Experian’s motion to seal certain documents and remand for consideration under the proper legal standard.

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We reverse the district court’s summary judgment in favor of defendants and remand for further proceedings. Additionally, we vacate the district court’s order denying Experian’s motion to seal documents and remand for consideration in light of the proper legal standard.

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This is really interesting.. so a CA can't pull credit prior to obtaining a judgement.. they always do, so now I have another violation! :)

That, and the CRA is liable and can't use the blanket agreement with the CA that they will pull reports for a permissible purpose..

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