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False Pretenses
LAWDOG is intended to assist in the understanding of basic concepts. See Disclaimer. Always obtain legal advice from legal professionals.
In addition to Federal and State enforcement actions, a natural person obtaining a consumer credit report under false pretenses or knowingly without a permissible purpose, may be liable for money damages to consumers , and to the consumer reporting agency under the Fair Credit Reporting Act as amended by the Consumer Credit Reporting Reform Act of 1996. In addition, punitive damages, attorney fees and costs may be awarded by a court, if successful.
Additionally, any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000.00, whichever is greater. See Civil Liability For Willful Noncompliance from the LAWDOG Credit Reporting Center Menu, or click here. Link does not return to this page.
There are two criminal provisions in the Fair Credit Reporting Act, as amended. Generally, one applies to any person who obtains consumer information under false pretenses, and the other applies to officers and employees of consumer reporting agencies who knowingly and willfully provide information concerning an individual from the agency's files to a person not authorized to receive that information. See False Pretenses from LAWDOG Credit Reporting Center Menu, or click here. Link does not return to this page.
