Monday, October 4, 2010

Help from a most unlikely source?

So I've turned down Shapes's blackmail offer. Especially since they wouldn't even remove the hit from my credit anyway, so it would be pointless to pay them their blood money.
If the inept consumer protection bureau had any brains, perhaps they could have settled this, but in spite of their stated function of enforcing the consumer protection act, they actually have no power of enforcement.

But I got an e-mail the other day from a most unlikely ally. He doesn't want me to give out his name or position, but he has experience working with a federal law called PIPEDA that governs how organizations can collect and use my personal data. It is enforced under the office of the Privacy Comissioner of Canada. Apparently, Shapes has violated nearly every aspect of it:

- They have not allowed me access to my personal information that they have on file
- They have not implemented a transparent policy that investigates my dispute
- They have not allowed me to make a statement in my file which disputes their claim
- They have not made me aware of an internal dispute resolution method
- They have disclosed my information to a third party without my knowledge or approval (the collection agency). Apparently the contract I signed gives them the right to sue me if they think I have breached it, but it does not give them the right to share my information with a third party for ANY purpose

Also, the Collection Agency itself has violated this same act for much the same reasons as Shapes.

And Equifax has violated it as well by not properly investigating my claim and reporting their findings.

So, my new friend sent a letter to Shapes telling them all of this. And we're also filing a complaint with the Privacy Comissioner.

He has experience with this kind of thing, and he says from what he's seen "it's a pretty open and shut case." And once the Privacy Comuissioner finds against Shapes, the Collection Agency and Equifax I'll be able to sue them for large civil penalties.

So maybe this will all turn out awesome in the end.

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