Get Off My Credit Report!
Credit Reports
Your credit report is a critical part of your financial identity. That’s why federal law limits who can access it. At Dessaules Law Group, we help people protect their credit and hold violators accountable.
Know Your Rights: Free Annual Credit Reports
Under federal law, you’re entitled to one free credit report every year from each of the three major bureaus: TransUnion, Experian, and Equifax. But here’s a critical tip: don’t request all three at once. We recommend spacing them out throughout the year so you can monitor your credit regularly.
Each bureau may report different information, so it’s important to check each one closely. If you see something suspicious—or just don’t understand what you’re looking at—our attorneys are ready to help you interpret your reports and advise you on next steps.
Understanding Hard and Soft Inquiries
When someone pulls your credit, the reason for the inquiry matters.
Hard Inquiries happen when you apply for a loan, credit card, or even during a collection effort. These inquiries stay on your report for 25 months and can affect your credit score.
Soft Inquiries are background checks or pre-approvals and do not affect your score.
Every report shows who pulled your credit and whether it was a hard or soft inquiry. If someone pulled your credit as a hard inquiry—and you didn’t authorize it—you may have a legal claim.
The Law Is Clear: Not Just Anyone Can Access Your Credit
The Fair Credit Reporting Act (FCRA) limits who can pull your credit report and under what circumstances. According to the law, a party can only access your report for certain legitimate purposes—“and no other.”
For instance:
A debt collector can only pull your credit in connection with a credit transaction, such as collecting an unpaid loan.
A credit card company can pull your report if you apply for a card or fall behind on payments—because you initiated a transaction.
But what about your Homeowners Association (HOA) or its attorneys?
Case Law: What Courts Say About Improper Credit Pulls
Here’s where many people—and even some lawyers—get it wrong.
HOAs or their attorneys cannot pull your credit report because you owe dues or they’re considering suing you. They must first get a judgment.
This isn’t just our opinion—federal courts back it:
In Mone v. Dranow, 945 F.2d 306 (9th Cir. 1991), the Ninth Circuit Court of Appeals ruled that it violates the FCRA for someone to pull your credit to see whether you can pay a judgment before one is entered.
In Pintos v. Pacific Creditors Ass’n, 605 F.3d 665 (9th Cir. 2010), the same court reaffirmed this rule: “Only a judgment creditor is authorized under the statute to obtain a credit report in connection with collection efforts.”
In plain English: Your HOA’s lawyers can’t look at your credit until they win a lawsuit against you. If they do so before that, they may have broken the law willfully.
Contact an HOA Attorney
Under the Fair Credit Reporting Act (FCRA), consumers may recover actual damages, statutory damages, punitive damages for willful violations, and attorneys’ fees and court costs.
Our lawyers are standing by to assist you in interpreting your credit report and counseling you on any potential claims you may have. Get in touch today.