01-15-2013 10:54 PM - edited 01-15-2013 10:56 PM
I called Comcast on 1/4 to window shop and see what internet packages they have. They asked for my address which I gave them and after around 5 minutes I told them that I was not interested. Next day I got an email from my credit monitoring company stating that Comcast checked my credit on 1/4/2013 , I was not very happy. I called Comcast and they told me that I have no account with them and what I was saying was impossible. After around 3 hours talking to their "sales" and "billing" department agents and even some office in Mexico they told me that they could not help me.
I got a letter from Comcast today that states I need to provide deposit for their service which is interesting because my credit is in high 700's but the letter basically proves that Comcast in fact pulled my credit without my permission.
I am actually upset because I wasted almost 3 hours getting ping-ponged by them trying to remove the CE and no luck.
I will start with non-PP letter but I would like to know if I can take them to SCC for violating my privacy and of so what are the odds?
Thanks for your input.
01-16-2013 01:47 AM - edited 01-16-2013 10:11 AM
While your situation is directed to cable rather than auto purchase, the FTC has specifically addressed the issue of business’ accessing a consumer's credit report in a February 11, 1998 advisory opinion. While only a staff opinion, it provides the thrust of a legal argument that they did not have permissible purpose. Quoting from the decision:
“Section 604(a)(3)(F) permits CRAs to provide consumer reports to any party who has a "legitimate business need for the information in connection with a business transaction that is initiated by the consumer." You ask whether this provision allows a dealer to obtain a consumer report on a person who "comes to an automobile dealership and requests information" from a salesman about one or more automobiles. In our view it does not, because a request for general information about products and prices offered does not involve a business transaction initiated by the consumer.
More generally, you ask "when is the beginning of a business transaction" initiated by the consumer? In responding to this question, it is important to note that Section 604(a)(3)(F) limits this "business need" permissible purpose to transactions (i) that are "initiated" by the consumer and (ii) where the seller has a "legitimate business need" for the information. The staff's view is that an automobile dealer may obtain a report only in those circumstances in which the consumer clearly understands that he or she is initiating the purchase or lease of a vehicle and the seller has a legitimate business need for the consumer report information in order to complete the transaction.
For example, a consumer who asks a dealer questions about prices and financing is not necessarily indicating an intent to purchase or lease a vehicle from that particular dealer. Nor does the dealer have a "legitimate" business need for a consumer report in this situation. The consumer may simply be comparison shopping. In such a situation, the dealer must obtain written permission from the consumer before obtaining a consumer report. If the dealer would like to see a consumer's credit report before answering general questions about the availability of financing, this must be explained to the consumer and written permission must be obtained. In the same way, a request to "test drive" a vehicle does not indicate an intent to initiate the purchase or lease of the vehicle. Accordingly, if a consumer asks to test drive a vehicle, the dealer must obtain written permission from the consumer before obtaining a report.
Only in those circumstances where it is clear both to the consumer and to the dealer that the consumer is actually initiating the purchase or lease of a specific vehicle and, in addition, the dealer has a legitimate business need for consumer report information may the dealer obtain a report without written permission. In this regard, we note that obtaining information for negotiation purposes does not constitute a "legitimate" business need. The dealer must have a specific need for the information directly related to the completion of the transaction. For example, a dealer may obtain a report, if one is necessary, in order to arrange financing requested by the consumer. The dealer may also obtain a report to check a consumer's creditworthiness when the consumer presents a personal check to pay for the vehicle. By contrast, a permissible purpose would not arise if a consumer intends to pay by cash.”
01-16-2013 05:08 PM
How succesful people have been getting these guys to Small Claims Court? and if so what are the odds of winning a jugment? hypothetically speaking of course.
01-17-2013 09:32 AM
In my opinion, if you bring action, you are most likely to see an immediate deletion. I highly doubt, based on the facts presented,that they would let this go to trial.
If you want to take one last shot prior to filing an action, you can file a dispute through the CRA, tipping your hand on your legal defense, but giving them one last opportunity to delete.
In this situation, you cannot file a direct dispute with them... it must be done via the CRA dispute process.
Disputes pertaining to credit inquiries are specifically exempt from the direct dispute process.
01-17-2013 10:54 AM - edited 01-17-2013 10:56 AM
I guess I am just a bit upset since they ping-ponged me for almost 3 hours and disconnected twice on me. But if they don't have a PP then deletion would be priority #1 and then they have to pay for their mistake. Now if they would have taken care of it right away and kept me happy I would have even switched to their service, this is what happens when corps become too big and don't care anymore.
01-17-2013 03:51 PM
You should be able to get the HP off of your report, but it will take time and effort.
I had a similar experience with Comcast two years ago when I moved. I did not have prior comcast service but called to set up the service for my new place. They pulled my credit (authorized). However, there was a delay in the move so I called to push back the installation/start date on two occassions. They pulled my credit each time I called customer service to change the start date (two additional HP's). I had to contact the executive office to get the two addiional HP's removed. You might have to do the same thing. By the way, all the CSR's denied that your credit report is pulled when you change the start date. It was not until I got to the executive office that I was able to speak to someone that was actually aware of how their own system works.
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