I had an account at a bank that was closed 4 months ago. I emailed the bank a QUESTION about their checking accounts. There was no application and no account relationship, since I ceased being a customer 4 months ago. As a result of that question by email, they pulled my credit AGAIN through ChexSystems. Is this in impermissible inquiry and if yes, what are my options? Can I sue them for $1000 for violating the FCRA?
To those that say I can sue, how to go about this? Do I need a lawyer or can I do myself? Please provide a link for my options
2007-11-14 03:46:55 · 4 answers · asked by orange juice 1 in Business & Finance ➔ Credit
There is NO account relationship of ANY type. When my account was closed months ago, I ceased being a customer. So why I merely ASKED A QUESTION about their product line, they ran a HARD ChexSystems inquiry on my name, using my personal information I had given months earlier when I last had an account relationship.
2007-11-15 22:44:51 · update #1
ChexSystems is defined as a Credit Reporting Agency so they do fall under the FCRA. However, there is not enough information here to really know if you have a case or not. The first question is this a "Hard" Inquiry or "Soft" Inquiry?
If it was a "Soft" inquiry will still show up on your report, but only you see it. With a Soft inquiry they only receive limited information. If this is the case then there are no grounds for a suit. As they do not need your permission to do this.
If they did a "Hard" inquiry, that is where they receive your full report. The question becomes did they have a permissible purpose. This really depends on if you were still considered to have an "existing" relationship with the bank, and what was the nature of your "question". If the bank can make a case that by the nature of your question you gave them permission, or you had already given your permission because of the previous relationship. Then you will not prevail.
Now, if you do decide to file, what you can recover will depend on if the court would consider this "Willful" or "Negligent" Non-Compliance. If it was "Willful" as defined under Section 616 of the FCRA you can claim the $1000 with no proof of actual damages. However, if it is found to be only Negligent under Section 617, you can only claim actual damages. In this case you would have to prove to the court how you were damaged. Below is a link to the FCRA that you can review these sections.
If you do decide to file a suit you can do this without a lawyer if you file through Small Claims Court.
2007-11-14 05:59:33 · answer #1 · answered by OC1999 7 · 0⤊ 0⤋
Go hire a lawyer. It shouldn't cost more than $5000.
Danger: you might not win. You don't need to have an open checking account to have a "business relationship" within the meaning of the FCRA. The fact that you have done business with them in the recent past is enough to constitute a "business relationship".
Seriously, why are you so upset? One inquiry from a bank isn't going to hurt you.
2007-11-14 04:37:08 · answer #2 · answered by Ted 7 · 0⤊ 0⤋
that's a federal regulation situation, definite? Small claims has specific subject count jurisdiction and a federal question does no longer qualify; subsequently you're relegated to federal courtroom. Why do no longer you do a lexis or westlaw seek for caselaw? you are able to nicely be triumphant on your in high-quality condition. be waiting to quote caselaw on your short and you will fairly be triumphant. I observed a in high-quality condition against a actual belongings broking service for wrongly depositing a $1000 deposit verify right into a broking service's own account (fairly of an escrow account). They appealed to the appelate courtroom and lost and a great replaced into imposed against the brokerage by ability of the particular belongings board. So, 1K does no longer mean lots; in the event that they did no longer persist with the regulation, then they'll lose as a count of regulation.
2016-12-08 21:38:22 · answer #3 · answered by Anonymous · 0⤊ 0⤋
even if your account has been inactive, did you still have this account open? or have another account with them?
Also check your contract when you opened the account, I'll bet you signed a document allowing them to do this credit check.
good luck.
2007-11-14 03:57:11 · answer #4 · answered by Jan Luv 7 · 0⤊ 0⤋