Legal Question in Credit and Debt Law in California

I have a creditor I defaulted on, but came to a written agreement on a new payment plan to pay them off. My question is: Is there a limit on the hard inquiries this creditor can pull from my credit report? They keep pulling my report every other week or atleast every month for sure, making my credit scroe go even lower then what is is.


Asked on 9/10/10, 8:56 am

1 Answer from Attorneys

Contact the Federal Trade Commission at 877-FTC-HELP or go online to www.ftc.gov and you may file a complaint against the entity that is constantly pulling your credit report. I believe that every week or even every month is excessive. Ask the Federal Trade Commission. However, if you signed a contract, or if you were issued a cardholder agreement which gives them permission to pull your credit report, you may have to act proactively to prevent future pulling of your credit report.

If the FTC is unable or unwilling to help you, contact the credit card company and/or entity pulling the credit reports, in writing, by certified mail, return receipt requested, and revoke any authority that you may have previously given for these entities to pull your credit reports. Further, I would ask them to cease and desist from pulling any further credit reports. I would indicate in your letter that any further pulling of your credit report shall be considered to you to be in violation of FCRA, and that you will avail yourself of any legal remedies available under that act to remedy their wrongful pulling of your credit reports, both in the future and in the past. The statute of limitations for you to bring a lawsuit under Fair Credit Reporting Act is two years from each pull.

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Answered on 9/16/10, 4:02 pm


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