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Gerstal Chargo pulled credit just prior to filing suit.....???


azuser
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Hello again,

I was just reading the thread about a lawfirm representing a creditor pulling a credit report prior/post filing for litigation.

Information I pulled was from a thread in this forum titled: "Can a plaintiff pull a credit report after a lawsuit has commenced?"

I have pulled my spouses credit reports. Low and behold, the last report I pull is from TransUnion and there it is under "Inquiries"

"Gurstel law Firm, Requested on 11/04/2011 with Permissible Purpose being Collection"

According to the linked thread, this act is against FCRA Section 604a rules and case reference Pulliam vs AMEX, 15 U.S.C. 1681b.

I understand that since this credit pull was done just prior to them filing a suit, that it was not permissible for them to do so.

Am I able to file against this?

Can this be a seperate suit, or does it need to be addressed in the "Answer" as a counterclaim?

Will post more as I discover more.

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I have also found the following via links posted elsewhere here:

Slantis v. Capozzi & Assocs.

In this case, Slantis sued Capozzi for violating FCRA by obtaining a credit report and claiming that it was permissible due to deciding whether a counterclaim against Slantis would be viable.

If I read correctly, that it may be a gray area there, but it is apparent that the "creditor", "collector" must have approval of the person that they are running the credit report for regardless of the purpose.

Gerstal ran my wife's without her approval.

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I am in the same situation, I want to pursue mine but just the lawsuit from them is strenuous enough much less a federal case on top of the 2 I already have going on. I have not decided yet what I am going to do. I think I have a year after the violation was made to file a suit. I am trying to educate myself on the issue. I would like to use the information somehow in my on going cases to have them take a step back and rethink.

Edited by Beergoggles
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If I recall, FCRA suits have a 2 year SOL...

Yes, but my argument would be that it was a FCRA violation AND FDCPA violation.

As to this being a counter claim, that is the best route to go when you can as it gives you huge leverage in the case when you are being sued. However if the Law Office is not the plaintiff, you can be hard pressed to join them as a third party to the suit. That will depend on the court and state.

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