Legal Question in Credit and Debt Law in Georgia
Regarding the US Court of Appeals for the ninth circut case Pintos VS Pacific Creditors Association, Can a collection agency legally pull a persons credit report without their consent?
1 Answer from Attorneys
Yes and no. First, this is out of the 9th Circuit. I have not done any research to see if other circuits have decided the case the same way. The 9th Circuit is also generally more "liberal" (I don't like those terms, but I am hard pressed to descibe it another way - perhaps they are more "open-minded" than the rest of the country. What is significant is that the decision was decided on very narrow grounds. In Pintos, the lady's car was towed. This is not the same as applying for a credit card and then defaulting. Also, the court made it clear that a credit report is permissible where a judgment has been entered.
I am pro-debtor and if this is really the trend, then collectors are going to have more of a challenge. However, the lack of a credit report really will not stop them. They already have a lot of the information from the creditor about the debt.