Consumer sues financial company for obtaining his credit report without consent

Michelle Keahey, East Texas Bureau Dec. 19, 2011, 7:10am

SHERMAN - A Collin County man has filed a lawsuit against a financial company for pulling his consumer credit report without his consent.

Claiming violations of the Fair Credit Reporting Act, David E. Mack filed suit against Equable Ascent Financial, successor in interest to Hilco Receivables, on Dec. 2 in the Eastern District of Texas, Sherman District.

According to the complaint, Mack states that during a recent examination of his TransUnion consumer credit report, he discovered that Hilco Receivables had obtained a copy without his consent in February 2009.

Under the Fair Credit Reporting Act, a company can obtain a copy of a consumer's credit report if the consumer makes an application for credit or employment, for the underwriting of insurance or if it is a bona fide offer of credit as a result of the inquiry.

Mack argues that he has not had any business dealings or accounts with, or received a credit offer from, the defendants.

Mack is asking the court for an award of damages, statutory damages, attorney's fees and court costs.

A jury trial is requested.

Mack is representing himself in the litigation.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:11-cv-00793

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