"if you have inquiries from a collection agency which has begun collecting on an expired debt (expired under statute for reporting, which is seven years) then it does not qualify for a permissible purpose and should be removed."

I also found this letter on the creditboards.com website, is it a valid one to send?

Dear Creditor:

During a standard review of my credit files from the three major credit reporting agencies I was dismayed to find an inquiry posted by YOUR COMPANY on DATE, 2003.

As you are probably aware, the credit reporting agencies regard inquiries as a statement of fact and will not allow a consumer to dispute them. They maintain that if the inquiry is on file then the company listed did in fact view the consumer’s record.

Since it is unlawful under the Fair Credit Reporting Act for a person to view a consumer report without a ‘permissible purpose’ I am writing this letter.

I don't recall applying for credit or employment with YOUR COMPANY.

From the FCRA § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

"(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater."

From the 1998 FTC opinion letter Greenblatt at http://www.ftc.gov/os/statutes/fcra/greenblt.htm:

"Any person who procures a consumer report under false pretenses, or knowingly without a permissible purpose, is liable for $1000 or actual damages (whichever is greater) to both the consumer and to the consumer reporting agency from which the report is procured."

Also from the Fair Credit Reporting Act:

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]
(a) In general. Any person who is negligent in failing 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) any actual damages sustained by the consumer as a result of the failure;
(2) 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.

Please explain your permissible purpose for your obtaining my credit file. Should you not have a permissible purpose, please arrange for payment of $1,000 by DATE to the name at the address listed at the top of this page.

I look forward to hearing from you to resolve this in an expiditious and amicable manner. You may reply to FAX number (123) 456-7890

Sincerely,

Consumer

Follow Ups:

Re: permissible purpose? patti 04/13/03 (0)

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