That's a good question. I'm not sure what is the answer to your question. I'll do some poking around and get back to you if I got an anything. You should email the people at Lending Tree as they probably know..

Mel,.

If you look at my scores nobody wants me right now LOL! There is a difference between PRMs and account reviews, despite what the letter says. An account review, they can look at your ENTIRE CREDIT FILE. Our relationship ended in 10/99 they have no right to be snooping in my entire business. Let them pull a PRM, send me an offer, and get my permission...

Here's the approach I'm taking on those:.

First the initial 'why you looking at me?' letter w/o demand for $1000. If I get a stupid response, send a loaded question - what products/services were you considering me for? If they say none - then they definately have no PP. If they say xyz then zap 'em for failure to notify you for being turned down per FCRA + maybe violation of PP rules too!.

My 0 cents worth...

I just sent 2 letters to providian and wfnnb for the same reason.

I will sue them both mainly cuz I'm pissed about it.

I hope one day for someone to pull your credit, they will have to email you and you will have to accept..

I gave both until 12-30 to tell me why they pulled or pay me $2000. Otherwise, judge judy we go!..

These were Equifax pulls -specificallys says AR (all three times). Think I'm going to send her that page, along with Equifax's very clear explanation at the bottom of the page. (at least on your online report)...

My proposed response:.

December 18, 2002.

Xxxxx.

Credit Bureau Specialist.

Home Depot Credit Services.

P. O. Box 103047.

Roswell, GA 30076.

Re: Your letter dated xxxxxx.

Dear xxxx:.

I am in receipt of the above referenced letter, and would like to now specifically respond to your statements:.

These inquiries in your credit file are known as Account Review/Promotional Inquiries. These inquiries indicate that we requested information about your credit file for the purpose of an account review or solicitation..

You are referring to two different types of inquiries – not one. Account Reviews – are labeled as such and entitles a creditor to receive a consumer’s complete credit profile. Promotional Inquiries are labeled differently. Creditors receive only one’s name, address, and other limited information..

I have attached a copy of my Inquiries list at Equifax. The three times my credit file was pulled, it was specifically labeled as an Account Review entitling you to full access to all of the information available to current creditors. At the bottom of the list, I will call your attention to Equifax’s explanation of PRM, and AR’s..

I contacted Home Depot, and a CSR specifically told me there is no record of my account’s existence. By Home Depot’s own admission as a furnisher of information to TransUnion, my account was closed in October 1999. This is where our business relationship ended. Home Depot has/had no continuing right to pull my entire credit history as a mining tool for marketing purposes..

This issue has nothing to do with your actions adversely affecting my credit status. This issue has to do with Home Depot illegally accessing my private information without my permission. The FTC is very clear on this matter:.

616. Civil liability for willful noncompliance [15 U.S.C. 1681n].

(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of.

(1)(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or.

(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;.

(2) such amount of punitive damages as the court may allow; and.

(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court..

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..

Therefore, you have 10 days from the tracked and confirmed delivery of this letter to make arrangement for payment of $3,000 to the name and address listed above. If you fail to respond I will seek outside legal assistance to resolve this matter..

Sincerely,.

Jlynn..

"it was specifically labeled as an Account Review entitling you to full access to all of the information available to current creditors.".

"Entitling" sounds too open-ended, like maybe they did maybe they didn't. I went and said something about they accessed confidential information in my file. Let them prove otherwise..

0..

Don't forget the statutes for negligent non-compliance :) Sometimes it's hard to prove "willful".

And you could include excerpts from this FTC Opinion letter..

Http://www.ftc.gov/os/statutes/fcra/gowen.htm..

Thanks Zero! I took your advice and changed "entitling" to "therefore you accessed".

Waalien - I always forget the negligent part. I used both your suggestions as well..

I really appreciate your input...

I'm a little concerned about the "definitely have no PP". Has it worked? Have you read the Gowen letter Waalien posted the link for? Seems there may be an argument against your thoughts...

Just because they didn't willfuly violate the law doesn't mean that they didn't willfuly pull your CR...

And since Home Depot signed the letter "Credit Bureau Specialist" ya'd think she would know the laws...

She should know that not only are they liable to YOU for statutory damages, but liable to the CRA they pulled from as well..

More ammo for non-PP AR's :)..

Has anyone here added a CRA as a plaintiff to a PP suit?..

I'm not sure you can add anyone as a plaintiff without their consent. I know this was discussed recently but don't think that it was ever resolved. In my letter to Sears, I just pointed out that not only were they liable to me but to Trans Union as well, and I told them if this wasn't resolved amicably, then I would file a complaint with TU as well as the BBB, FTC, and my and their AG's...

Why would you want to make them a plaintiff? You should make them a DEFENDANT....

CRA - Liable to YOU.

Home Depot - Liable to YOU and CRA...

If you read the statute, they could be a plaintiff. The creditor certifies they have a PP, therefore, the CRA is an injured party and is entitled to $1,000 per violation as well...

This could be a rare case where a single party is both co-plaintiff and co-defendant in a single suit!.

:D:D:D..