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Capital One Unauthorized Credit Report Class Action

Unauthorized credit “pulls”—the obtaining of credit information on consumers without their consent—are an invasion of privacy, and they can also lower the persons’ credit ratings. The complaint for this class action alleges that Capital One, NA obtain credit reports on individuals without their permission and without a permissible purpose, in violation of the Fair Credit Reporting Act (FCRA).

The class for this action is all persons with addresses in the US whose consumer credit reports were obtained by Capital One from any of the three major credit reporting agencies (TransUnion, Equifax, or Experian) without a permissible purpose between May 31, 2014 and May 31, 2019.  

In its opening section, the FCRA says, “There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer’s right to privacy.”

Among other things, the FCRA limits the reasons that a company or other entity can ask for a credit pull on a consumer. Permissible reasons include an application for credit from the consumer, a job application in which the consumer is being reviewed for possible employment, periodic reviews of for parties that have issued credit to the consumer, and so on.

Oddly, Capital One seems to have obtained a credit report on plaintiff Gloria Rodriguez after she no longer owed it any money. She had in fact had an account with Capital One, but on December 1, 2017, that debt was discharged in a bankruptcy proceeding. A court order was mailed to Capital One on that date, the complaint says, telling the bank that the debt had been discharged.

Yet on December 27—twenty-six days after Rodriguez’s debt was discharged— Capital One submitted “an authorized account review credit report inquiry” to Experian. Rodriguez found out when she reviewed her information with Experian. At that time, she no longer had an account with Capital One. She had not applied for credit from Capital One. She had not given her consent to a credit report for Capital One for any other reason. The complaint thus claims that Capital One had no permissible purpose for making a credit inquiry at that time. 

The complaint’s sole count is violation of the FCRA. The complaint notes that the law provides for statutory damages and attorneys’ fees and costs for negligent violations of the law; for willful violations, the law provides statutory damages of between $100 and $1,000, attorneys’ fees and costs, plus punitive damages.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Capital One Unauthorized Credit Report Complaint

May 31, 2019

Unauthorized credit “pulls”—the obtaining of credit information on consumers without their consent—are an invasion of privacy, and they can also lower the persons’ credit ratings. The complaint for this class action alleges that Capital One, NA obtain credit reports on individuals without their permission and without a permissible purpose, in violation of the Fair Credit Reporting Act (FCRA).

capital_one_fcra_complaint.pdf

Case Event History

Capital One Unauthorized Credit Report Complaint

May 31, 2019

Unauthorized credit “pulls”—the obtaining of credit information on consumers without their consent—are an invasion of privacy, and they can also lower the persons’ credit ratings. The complaint for this class action alleges that Capital One, NA obtain credit reports on individuals without their permission and without a permissible purpose, in violation of the Fair Credit Reporting Act (FCRA).

capital_one_fcra_complaint.pdf
Tags: Credit Reports, No permissible purpose for request for report, Your Privacy