in Newswire Published on March 14, 2019

Class Action: Florida Fine Cars Performs ‘Hard’ Credit Inquiries Without Authorization

Last Updated on March 26, 2019

Emeric et al v. Florida Fine Cars, Inc.

Filed: March 13, 2019 ◆§ 1:19cv20987

Florida Fine Cars, Inc. (FFC) has been hit with a proposed class action wherein two plaintiffs claim the used car business performed on them a “hard” credit inquiry despite having no authorization nor permissible purpose in doing so.

Defendant(s)

Florida Fine Cars, Inc.

Law(s)

Fair Credit Reporting Act

State(s)

Florida

According to the lawsuit, FFC represents on the “Financing” page of its website that it will perform a “soft” inquiry into a potential customer’s credit file for the purpose of determining his or her prequalification for vehicle financing programs. The website allegedly assures visitors that when they fill out the defendant’s pre-approval form, “there is no effect on your credit score.”

Despite these representations, the plaintiffs allege that FFC performed instead a “hard” credit inquiry into their files, which reduced their credit scores and would remain on their consumer reports for two years.

The lawsuit argues that FFC violated federal and state law by obtaining the plaintiffs’ consumer reports without a permissible purpose and authorization. As a result, the suit says, the plaintiffs and proposed class members have suffered “concrete injuries.” From the complaint:

“In addition to having their privacy invaded, informational injuries, reductions in credit scores (inquiries for which remain on credit reports for two years), Plaintiffs and members of the Putative Classes have had their personal identifying information unnecessarily disseminated to FFC, and, upon information and belief to its related information-sharing affiliates. FFC has subjected consumer Class members to increased risk of identity theft and/or a data breach, to an adverse effect in their ability to qualify for a mortgage or other loan or to rent an apartment, and to an adverse effect in their search for employment resulting in consequential anxiety and emotional distress.”

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