Legal Question in Credit and Debt Law in California
non-authorized credit checks
What rights do I have when 2 auto dealers obtained my credit without verbal or written consent, especially when I was explicit about NOT having it checked until there was a formidable deal on the table? I had this happen not once, but twice. One person was so sure of himself that he had caused no ''damage'' to my credit report (the score dropped 18 points in a matter of 10 days or so), he just said his lawyers would deal with me, if I filed suit in small claims court. That dealer had checked it twice in a matter of 2 days. I was duped into believing they had accepted my offered, so when I returned the second day to give consent for a credit check (the first thing they insisted on) they then renigged on their acceptance, eventhough the credit score was as I had said it would be.
2 Answers from Attorneys
Re: non-authorized credit checks
You can take the offending dealer to small claims court. Make sure you can prove and have proof of your allegations. You should enforce your rights-Martin
Re: non-authorized credit checks
If anyone pulls your credit score without your authorization, you are entitled to statutory damages of a few hundred dollars. I don't know the amount off-hand.
Furthermore, in California one cannot hire a lawyer to represent himself in small claims court. An individual must represent himself. A business can send an officer or agent that regularly works for the company.
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