Posts Tagged ‘credit freeze’

Credit report "freeze"=No new TLs/Inquiries without your say-so?

Thursday, December 27th, 2007

Sometimes, yes…but not this time .

This user–J.A.M.– seems to not understand the FCRA and that there a nicety in contract law which insures the “credit report freeze” will NOT work the way they think it will. Their post in answer to the OP who found an Inquiry on their CRs for a CA (NCO). (The OP had investigated when they got a collection letter from NCO stating that a demand amount was “past due”.) :

If this account is not on your report, it might not be yours and also if they aren’t reporting it may be because it’s beyond the 7 year statue of Limitations for the credit bureaus to report. …

Uh, credit reporting–as I have said ad nauseum–is NOT a requirement for anyone. The lack of a TL means…the client (the creditor/client) simply did not place one. It does NOT show that an account is “not yours” nor that the account is necessarily past the SOLR (although both are possible).

Now, for more misinformation:

Also, if your govenor for your state has allowed consumers to put a freeze on all 3 of their reports do so immediately. If the freeze is put on, if a collection agency is not currently on your reports, then they can’t put an entry on without your authorization.

One word for this advice? Bullshit! Dangerously inaccurate crap at that:

1.) What in the heck does the Governor or any state have to do with this (other than sign the bill when it went into law)? Some, if not most, states do have an analogue for the FCRA, but the most important is the Federal law; 15 USC 1641 Sec. 605A(h)(1)(A)(i) states:

(A) Limitation on Users

(i) In general. No prospective user of a consumer report that includes an initial fraud alert or an active duty alert in accordance with this section may establish a new credit plan or extension of credit, other than under an open-end credit plan (as defined in section 103(i)), in the name of the consumer, or issue an additional card on an existing credit account requested by a consumer, or grant any increase in credit limit on an existing credit account requested by a consumer, unless the user utilizes reasonable policies and procedures to form a reasonable belief that the user knows the identity of the person making the request.

2.) A collection account is NOT a “new” account, even if the client had the account transferred or sold to them by the OC.

3.) It can also be presumed that the user–if they are a CA–has such reasonable policies and procedures in place to form a reasonable belief that they are known to the consumer. The dunning letter would likely be proof of this knowledge.

4.) A ‘freeze’ on one’s credit reports applies ONLY to new creditors, NOT to successors and assigns.

Like a JDB. Like NCO.

5.) Every credit contract I know of has a clause which gives assigns/successors full rights under such original contract. This makes the assigned debt effectively a “pre-freeze” existing business relationship for which permission need not be sought to change/continue/enforce the terms of such contract and for which the CA is, for all intents and purposes, “known” to the consumer.

6.) The credit report “freeze” is designed to help stop the opening of NEW credit accounts by preventing potential creditors from accessing the reports unless you give them permission to do so. It does nothing else.