Continued unauthorized hard pulls by 5/3rd bank

[rodney0126]

Went to 5/3rd on 11-22-11 to talk about a refi.  They pulled my credit scores.  Things didn't go as expected due to the incompetence and dishonesty of the loan originator and I've been getting alerts from 2 credit monitoring programs I have, one of which is directly through 5/3.  There are hard pulls on 11/23, 11/29 and 11/30....some of them multiple times on the same day.  Is there any recource if 5/3 drags their feet on removing them?  Am I entitled to have them removed since I just gave oral permission once to pull them on 11-23-11.  I mean...does this give them the right to pull my reports indefinitely?  Counting the multiple pulls on the same day I have 12 hard pulls over a week's time.  Do I have any legal recourse?

Thanks.

[pizzadude]

Wow, that seems very strange.  It sounds like something is wrong on their end if they had to pull your credit 12 times in 7 days.

Is this a Home or Auto Refinanace ?  The good news here is that FICO scores them as a single inquiry if they are pulls for home/auto financing.

[rodney0126]

a refi.

[llecs]

12 times in a week? And that's per report too, right? If a refi, you could be looking at 36 inquiries right now since they should be pulling all 3 at the same time.

I too suspect it is a glitch. I'd call them. They have the power to remove the extras. While it is normal to see more than one inquiry per report over a period of time (once for the approval and once to make sure nothing else changed prior to closing), 12 in one week is a bit too much.

Damage? There's no damage for your FICO scores since FICO will ignore all but one of those inquiries. You shouldn't be applying for anything now during a refi so no damage there as viewed by other non-refi lenders. What would you sue for? You aren't out anything. Let us know how it goes.

[RobertEG]

When a credtior makes a request for your credit report, they provide a certification of permissible purpose, which is simply their statement of which section of FCRA 604 authorizes their inquiry.  Once they have a permissible purpose, consumer consent is not required.  That is the purpose of listing the numerous permissible purposes within section 604.  Consumer consent is required if a permissible purpose is not expressly provided for by statute.

Requests for the grant of credit or for legitimate business puposes in connection with a transaction that is initiated by the consumer clearly entitle the party to request your credit report without specfic consent. 

Unfortunately, the FCRA does not address the frequency of credit inquiries, so there is no statutory basis for arguing the frequency of their inquiries. 

And disputes related to credit inquiries can only be made through a CRA, as the direct dispute process specifically exempts disputes on that basis.  If the CRA has a statement of permissible purpose from the requestor, then I see no basis for them denying an inquiry, and thus little hope of prevailing in a dispute made through them.

[Jstic]

I doubt that it is a glitch, probably just internal incompetence/poor office management. Happens every day all across the corporate world. I would be all over this if I were in your shoes. Write a cease and desistt letter first, then try request removal of the inquiries. The impact on the score is not that great, the principal of the matter is.

[UFGuy2006]

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@Jstic wrote:

I doubt that it is a glitch, probably just internal incompetence/poor office management. Happens every day all across the corporate world. I would be all over this if I were in your shoes. Write a cease and desistt letter first, then try request removal of the inquiries. The impact on the score is not that great, the principal of the matter is.

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Yeah, I would follow up too. Sounds fishy.

[haulingthescoreup]

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@Jstic wrote:

I doubt that it is a glitch, probably just internal incompetence/poor office management. Happens every day all across the corporate world. I would be all over this if I were in your shoes. Write a cease and desistt letter first, then try request removal of the inquiries. The impact on the score is not that great, the principal of the matter is.

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I think I'd reverse the order on this.