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Permissible Purpose

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District Court (Cal.) Says Debt Collector has Permissible Purpose under FCRA to Pull a Credit Report

by Scott J. Hyman |

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… Read More

District Court (Haw.) Finds Car Dealer Did Not Violate FCRA’s “Permissible Purpose” Requirement By Obtaining Multiple Credit Reports on Consumer in Spot Delivery Situation

by Scott J. Hyman |

In Rydell v. Servco Auto Windward, 2011 WL 5506088 (D.Hawai'i 2011), Judge Seabright found that a car dealer did not violate FCRA in a spot-delivery situation by making multiple inquiries on a consumer’s credit report or by obtaining a credit report from all-three credit reporting agencies.  Judge Seabright explained:   The scope of Servco's “permissible purpose” extends beyond accessing a… Read More

Pintos is Back! District Court (Cal.) Denies Plaintiff’s MSJ on Negligent FCRA Claim

by Scott J. Hyman |

In Pintos v. Pacific Creditors Ass'n, 2011 WL 3880411 (N.D.Cal. 2011), Judge Wilken addressed Plaintiff’s summary judgment on her claim alleging a negligent violation of FCRA.  The procedural history is as follows:   In its original motion for summary judgment, PCA asserted that, by obtaining Plaintiff's credit report to collect on the deficiency, it did so in connection with the… Read More

District Court (Ky.) Holds Auto Finance Company Need Only Have “Reason to Believe” It Had a Permissible Purpose to Access Credit Information Under FCRA

by Scott J. Hyman |

In Wells v. Craig & Landreth Cars, Inc., 2011 WL 1542121 (W.D.Ky. 2011), Judge Simpson held that an auto finance company accessing a consumer’s credit for the potential extension of credit did not violate the “permissible purpose” requirement of FCRA when the buyer’s purchase transaction turned out to be a cash-sale and the buyer claimed that he did not authorize… Read More

9th Circuit Says FCRA Afforded Towing Company Collector No Permissible Purpose to Seek Credit Report

by Scott J. Hyman |

In Pintos v. Pacific Creditor’s Association, Inc. --- F.3d ----, 2009 WL 1151800 (9th Cir. 2009), the Court of Appeals for the Ninth Circuit addressed whether a creditor of towing debt had a permissible purpose under FCRA to pull a credit report on the debtor.  The Court of Appeals held that the creditor did not, explaining:   To qualify under §… Read More

District Court (Ill.) Says FCRA Afforded Creditor No Permissible Purpose to Access Credit Report on Closed Account

by Scott J. Hyman |

In Pulliam v. American Express Travel Related Services Co., Inc., 2009 WL 1586012 (N.D.Ill. 2009), Judge Kennelly addressed whether a pro per Plaintiff stated a claim upon which relief could be granted under FCRA arising from the defendant’s purported access of Plaintiff’s credit report without a permissible purpose.  The issue before the District Court was whether FCRA permits a creditor… Read More

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