Except that Congress specifically created a regulatory regime for these businesses, and included a wide array of strictures on their practices and a very specif

Except that Congress specifically created a regulatory regime for these businesses, and included a wide array of strictures on their practices and a very specific set of remedies for those who are harmed. That system (FCRA, FDCPA etc.) is of course the product of major lobbying and regulatory capture -- "don't throw me in that briar patch, bre'r fox." But it also does have at least the fig leaf of support by consumer-focused NGOs and populist legislative rhetoricians. So, no, if you went to the courts you wouldn't even make it to an appeal, much less to SCOTUS.