In Rodriguez v. Cavalry Portfolio Services, LLC, 2012 WL 726474 (S.D.Cal. 2012), Judge Burns held that a debt collector, under the circumstances, has a ‘permissible purpose’ under FCRA to request a credit report from a consumer reporting agency:
Rodriguez alleges that Cavalry pulled his credit report for an improper purpose. He is wrong. A debt collector may access a consumer’s credit report in the course of collecting a credit card debt from that consumer. See, e.g., Huertas v. Galaxy Asset Management, 641 F.3d 28, 34 (3rd Cir.2011); Miller v. Rubin & Rothman, LLC, 2011 WL 4359977 at *4 (D.Minn. Sept.19, 2011) (“In this circumstance, defendant had reason to believe that pulling the consumer reports in question would aid it in its debt collection efforts … accordingly, defendant had a permissible purpose.”); Miller v. Wolpoff & Abramson, LLP, 2007 WL 2694607 at *11 (N.D.Ill. Sept. 7, 2007). See also 15 U.S.C. § 1681 b(a) (3)(A).