How legal is this? Unauthorized credit check

[ChrisIsBored]

So, long story short, my sister is involved in a relationship with a guy who's father is former law enforcement. For whatever reason, the father seems to detest my sister. He has told her she's not welcome to any of their family events, and just recently he managed to pull my sisters credit report. Using this information, he tried to persuade his son (my sisters boyfriend) that she's unfit for him.

Her credit isn't stellar, and a recent accident with less than adequate insurance coverage lead her to having her old car repossessed. Regardless though of what's on her credit, how much trouble can the father be held accountable to for going to such lengths?

My mother and I have advised her at this time to just stay away from his family to avoid any drama, but I fear this guy will eventually create more by himself.

 

[Beev]

Q: Can anyone else get a copy of my credit report?

A: The FCRA specifies who can access your credit report. Creditors, insurers, employers, and other businesses that use the information in your report to evaluate your applications for credit, insurance, em­ployment, or renting a home are among those that have a legal right to access your report.

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre34.shtm

 

[Scotteq]

Regardless of the dubious legality of the Father obtaining your Sister's credit report... Your sister would be very wise to RUN AWAY from any family crazy enough to do that in the first place.

Hell... I was pissed enough when I first started dating my Ex, and her Brother In Law (active LEO) ran my licence plates.

 

[ChrisIsBored]

Yes, I'm aware it's not legal, and from searching Google the only authorized use without permission appears to be through the IRS or a Government agency (police, FBI) through the Patriot Act, under the suspicion of terrorism.

I'm not with her 24/7, but I'm pretty sure she doesn't fit that bill.

 

[bignateyk]

I wouldnt want my son dating a deadbeat and a terrorist either...

 

[SunnyD]

Ooooh....

/lawnchair

 

[spacejamz]

What is the penalty for performing an unauthorized penalty check?

 

[Murloc]

lots of people can access it then. Even if it wasn't exactly legal, it can be in the grey area, or he called someone who gave it to him.

What's your objective? legal action would probably only make things worse, and I guess that getting money from him isn't your objective. So what would that change?

 

[ChrisIsBored]

I think the objective would be to keep this guy off her back... Knowing what the penalty for his infraction would be, may help?

Obviously taking the issue further, through court of law enforcement would be damaging to their relationship (sister & BF).. But let's say worse-case scenario occurs and this guy doesn't stop, I'm curious as to how much trouble this guy is getting himself into.

 

[Jeeebus]

lots of people can access it then. Even if it wasn't exactly legal, it can be in the grey area, or he called someone who gave it to him.

There's no grey area here. Unless access was for a permissible purpose (e.g. evaluating her application for employment/a new credit card), it doesn't matter whether the person who ran the search is generally in the 'able to run such a report' category. I can run a credit/full background search on anyone through Westlaw/other search engines, but if I don't certify that I have one of the specifically delineated purposes, I can't access most of the information out there.

What's your objective? legal action would probably only make things worse, and I guess that getting money from him isn't your objective. So what would that change?

Agree here. What exactly is the plan? Threaten to turn in the former cop if he doesn't leave your sister alone? That's extortion, and is your own crime to deal with. I just don't see any positives here.

 

[Don Vito Corleone]

Regardless of the dubious legality of the Father obtaining your Sister's credit report... Your sister would be very wise to RUN AWAY from any family crazy enough to do that in the first place.

This is the best advice in this thread. Pulling this credit report was probably illegal, but who wants to get into a deep relationship with the son of a renegade cop who happens to hate you? Painful as it may be, she needs to get out.

 

[Svnla]

What is the penalty for performing an unauthorized penalty check?

If the dad used police equipment(s) or asked someone in the police department to do it, the person or person(s) would be terminated. There was a story that was similar to the OP a while back. I will see if I can locate it.

 

[KMc]

This sounds strangely familiar...wait a minute, is her boyfriend's dad Robert De Niro?

 

[Rumpltzer]

All advice given in this thread is fail until pics of sister are provided.

Need to figure out if we really care; can't do that without pics.

 

[FallenHero]

If the dad used police equipment(s) or asked someone in the police department to do it, the person or person(s) would be terminated. There was a story that was similar to the OP a while back. I will see if I can locate it.

Most states its just straight up illegal, forget about termination. Official Misconduct if he had someone currently working for the government use the database to obtain information like that. It is one of the many things I don't toy around with at work, they keep the records of who ran/accessed what for YEARS. If you are really interested in it, get an attorney and subpoena the shit out of everything. The state and credit agencies don't like it when their system is used for personal gain.

 

[moshquerade]

What happened to this guy's last girlfriend? Was she ever heard from again? :sneaky:

 

[LookBehindYou]

All advice given in this thread is fail until pics of sister are provided.

Need to figure out if we really care; can't do that without pics.

Agreed. Thread should be put on hold or something until that happens...

 

[CPA]

This sounds strangely familiar...wait a minute, is her boyfriend's dad Robert De Niro?

Exactly my first thought.

 

[dabuddha]

She needs to sit down with her boyfriend, tell him that she's dumping him because he's got a neurotic psychotic piece of shit father, and then walk away. Not walking away is just asking for trouble.

 

[Via]

It's hard to walk away when you really care about someone.

 

[waggy]

i would run. this is just a start of him being controlling.

 

[blackangst1]

This is not permissable purpose, and is a federal violation.

FCRA section § 619 addresses penalties for obtaining a consumer report under false pretenses:
Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both.

Any person who procures a consumer report under false pretenses, or knowingly without a permissible purpose, is liable for $1000 or actual damages (whichever is greater) to both the consumer and to the consumer reporting agency from which the report is procured.

http://www.ftc.gov/os/statutes/fcra/greenblt.shtm


My advise? You could send an intent to sue, and actually file suit for the violation. Consider unintended consequences though. At best, freeze all three bureaus. That way your permission is needed for any hard pull.

 

[Indolent]

It's hard to walk away when you really care about someone.

That, and it would mean the father won and got what he wanted...

 

[JeffreyLebowski]

That, and it would mean the father won and got what he wanted...

When she presses charges, and get $1,000 plus court costs out of him, and the Credit bureus (sp?) get their cut $1000 for each one which there are 3. Dad's going to be out $4,000+ and if he is active LEO he'll most likely get fired.

 

[SP33Demon]

Just have her turn the son against the father by telling the son what the father did. For most young men, a little chrome off the bumper > listening to a parent.