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Unauthorized Pull. What to do?

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lg8302ch
Senior Contributor

Re: Unauthorized Pull. What to do?


@gonzoflick wrote:
In disagree with not being able to dispute I mean. This was All done over the phone and I specifically asked if they would pull and they said no. Trained or not the CSR and company should still be responsible and I should have grounds for a dispute

You can always try to dispute through the service provider and if they are willing to recode  it as SP ..perfect. But there is no way to dispute it through the CRA. As gdale6 mentioned it is customary for these pulls to be done with sign up of new service.  I am just not sure if it is worth to go thru all the trouble for a HP? Your time and nerves Smiley Indifferent  It will be gone in two years and impact on score does fade with time. Good luck if you decide to fight.

Message 11 of 20
PinkPanther3719
Contributor

Re: Unauthorized Pull. What to do?


@StartingOver10 wrote:

@Callandra wrote:

@gonzoflick wrote:
This was DL# only. It was a HP from Equifax

I think your DL# is actually based off your SSN -- not sure of the formula but I've heard that. But I'm pretty sure they can HP you with just your name. 


Yep, your name and address will be enough for the utility co (cable) to pull.

 

OP, I am right there with you.  I had the same thing happen last month when I transfered my existing internet service from one address to another and the CSR pulled my credit (HP) and then lied about it. It is very frustrating. I have decided to let it go - but believe me, I made a few phone calls and AT&Ts position is that they didn't do it even though it shows as a HP on my EQ CR for AT&T Services Inc. for "Utilities and Fuel". The frustrating part is they keep denying it ever happened....Smiley Mad


I would dispute it. I had something similar happen with Capital One. They pulled my credit report, but no one could find a record of why it was pulled as they didn't even have the pull in their system. Needless to say, it was removed. Just get proof (recorded calls or letters) that they are saying they did not pull it. 

Current Information (05/2016)
Scores: EX: 633, EQ: 619, and TU: 727
Current Utilization: ?%

Goal: All above 750 and no more than 3% utilization
Gardening until 12/31/16 (Hopefully)
Message 12 of 20
Anonymous
Not applicable

Re: Unauthorized Pull. What to do?

Verizon Fios pulled this on me once with only filling out my name and address online to see if they had service at my location.

Afte I saw the HP  I called and after about 5 transfers they told me they would delete the inquiry (had to give my SS) 

 

VERIZON EASTOctober 29, 2014Telephone Companies

 

Called 030115 

800 837 4966 verizon credit verififcation cr  said remove will take up to 30 day but took less than 2 weeks of EQ.

Score bump 5 points and allowed me to join PenFed with no recent HP's :-)

 

 

Message 13 of 20
RobertEG
Legendary Contributor

Re: Unauthorized Pull. What to do?

The direct dispute process explicitly exempts any disputes related to credit inquiiies.  See 16 CFR 660.4.

 

Disputes pertaining to inquiries can only be made via the CRA that granted the inquiry.

Message 14 of 20
Anonymous
Not applicable

Re: Unauthorized Pull. What to do?


@RobertEG wrote:

The direct dispute process explicitly exempts any disputes related to credit inquiiies.  See 16 CFR 660.4.

 

Disputes pertaining to inquiries can only be made via the CRA that granted the inquiry.


How can that be true when EQ told me to call Verizon.


 

Message 15 of 20
gdale6
Moderator Emeritus

Re: Unauthorized Pull. What to do?


@Anonymous wrote:

@RobertEG wrote:

The direct dispute process explicitly exempts any disputes related to credit inquiiies.  See 16 CFR 660.4.

 

Disputes pertaining to inquiries can only be made via the CRA that granted the inquiry.


How can that be true when EQ told me to call Verizon.


 


It is true, everyone passes the buck. Its in the best interest of public relations to commute the inquiry to a SP or remove it but they dont have to and they have the law on their side so they could be hardnosed.

 

§ 660.4 Direct disputes.


(a) General rule. Except as otherwise
provided in this section, a furnisher
must conduct a reasonable investigation
of a direct dispute if it relates to:
(1) The consumer’s liability for a
credit account or other debt with the
furnisher, such as direct disputes relating
to whether there is or has been
identity theft or fraud against the consumer,
whether there is individual or
joint liability on an account, or whether
the consumer is an authorized user
of a credit account;

(2) The terms of a credit account or
other debt with the furnisher, such as
direct disputes relating to the type of
account, principal balance, scheduled
payment amount on an account, or the
amount of the credit limit on an openend
account;
(3) The consumer’s performance or
other conduct concerning an account
or other relationship with the furnisher,
such as direct disputes relating
to the current payment status, high
balance, date a payment was made, the
amount of a payment made, or the date
an account was opened or closed; or
(4) Any other information contained
in a consumer report regarding an account
or other relationship with the
furnisher that bears on the consumer’s
creditworthiness, credit standing, credit
capacity, character, general reputation,
personal characteristics, or mode
of living.


(b) Exceptions. The requirements of
paragraph (a) of this section do not
apply to a furnisher if:
(1) The direct dispute relates to:
(i) The consumer’s identifying information
(other than a direct dispute relating
to a consumer’s liability for a
credit account or other debt with the
furnisher, as provided in paragraph
(a)(1) of this section) such as name(s),
date of birth, Social Security number,
telephone number(s), or address(es);
(ii) The identity of past or present
employers;
(iii) Inquiries or requests for a consumer
report;
(iv) Information derived from public
records, such as judgments, bankruptcies,
liens, and other legal matters
(unless provided by a furnisher with an
account or other relationship with the
consumer);
(v) Information related to fraud
alerts or active duty alerts; or
(vi) Information provided to a consumer
reporting agency by another furnisher

Message 16 of 20
Anonymous
Not applicable

Re: Unauthorized Pull. What to do?

Even though you asked them not to pull your credit, by initiating a request for service you authorized them in that action.  While everyone here agrees with you it sucks to have a HP when they told you no, the fact of the matter is you asked for service and they have the right to pull your credit if you do.

 

We have been spoiled by CCC telling us that we can ask for a CLI and they will warn us if it will be a HP and then ask our permission.  This is just a courtesy.  They have the right to do a HP if we ask for a CLI whether they disclose it or not.  Same goes for cable.  They are essentially trusting that you will be making a large monthly payment to them for a service you have already received.  By agreeing to use their service and requesting they let you use it, you are consenting to a credit pull.  What was said over the phone is irrelevant.

Message 17 of 20
Anonymous
Not applicable

Re: Unauthorized Pull. What to do?

They record what you say.  I would request it & then try and dispute it.  If they said no when you asked, you never gave them permission to pull it.  Should be all SP's.

Message 18 of 20
Anonymous
Not applicable

Re: Unauthorized Pull. What to do?

In my case the webpage/promo only asked for my name and address to see if service was available at my location.

I'm pretty sure that could never be a HP... I mean what world is this.

 

As I said in my case (not the OP) Verizon did remote it.

 

"Even though you asked them not to pull your credit, by initiating a request for service"

Message 19 of 20
RobertEG
Legendary Contributor

Re: Unauthorized Pull. What to do?

The entire purpose of section 604 of the FCRA is to define circumstances under which a party does not require authoriization from the consumer to obtain a credit report.

The ciresumstanxe of the situation grants permissible purpose.  Express consumer consent is only required if there is no permissible purpose associated with the circumstance.  Otherwise, the ability of creditors and businesses to evaluate their credt and business transactions would come to a crawl.

 

There is not necessarily a permissible purpose associated with any request for service.  A business transaction inititted by the consumer must also carry with it a legitimate business purose for review of the consumer's credit as part of the transaction.  Paying in cash for a one-time service has no permissible purpose

However, recurring monthly sercices carry a chance of future consumer delinquency, and thus give rise to permissible purpose to review the consemr's credit report as part of the transaction.

Message 20 of 20
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