illegal credit check

What is the name of your state? OK

lets say there was a husband and wife...

and the husband had just filed bankruptcy and had no credit, but wanted a new car. so he went to a car dealership where a friend was, and started trying to set a deal up.

well, in order to get the loan for the car, it had to be put in the wife's name. now the salesman at the dealership ran a credit check on the WIFE WITHOUT HER PERMISSION.

so is there a fine for illegal credit checks. the salesman just ran a credit check on her without her filling any paperwork out.

should we call an attorney? is this a severe thing? does it merit the time and effort of a major lawsuit?

just wondering on what this wife should do here.

thanks for any advice.

[I AM ALWAYS LIABLE]

Originally Posted by sayWhat

What is the name of your state? OK

lets say there was a husband and wife...

MY RESPONSE: Okay, let's say that.


and the husband had just filed bankruptcy and had no credit, but wanted a new car. so he went to a car dealership where a friend was, and started trying to set a deal up.

well, in order to get the loan for the car, it had to be put in the wife's name. now the salesman at the dealership ran a credit check on the WIFE WITHOUT HER PERMISSION.

so is there a fine for illegal credit checks. the salesman just ran a credit check on her without her filling any paperwork out.

should we call an attorney? is this a severe thing? does it merit the time and effort of a major lawsuit?


MY RESPONSE: And how was the salesman supposed to know that the "wife' didn't give her permission; e.g., that the husband had no authority to act as the wife's "agent"? You'd have to prove that the salesman KNEW that the husband wasn't the "agent" for the wife, as the "Principle". In other words, how are you going to prove that the husband didn't have wife's authority?



just wondering on what this wife should do here.

thanks for any advice.

Oh, please. Just knock some sense into your husband, will you?

IAAL

[MrKee]

Originally Posted by sayWhat

should we call an attorney? is this a severe thing? does it merit the time and effort of a major lawsuit?

just wondering on what this wife should do here.

thanks for any advice.

Major lawsuit? Not really!

Running a credit check without a permissible purpose is a $1,000 offense. I just collected $1,000 from a department store who ran my credit without a PP (permissible purpose).

The salesman shouldn't have run the wife's credit without her permission, BUT, the salesman couldn't have gotten the information to run her credit without it being provided by the husband (my guess anyway!). I'd let this one go! The maximum damage done to the wife's credit score was probably 3 points on her FICO score for the hard inquiry.

The husband might try Americredit or Roadloans. They do alot of post-bankruptcy auto loans.

Just my two pesos!

MrKee