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Moderator
Shogun
Posts: 12,884
Registered: ‎04-15-2011

Neighbor can give permission to do hard inquiry and open an account?

     In underwriting for mortgage which closes on 8/12 for new house.  Had a hard inquiry pop up from EQ from a company called VIVINT INC.  It's a company that sells security systems for houses.  I called them today and they said I have an active account from them.  They got my name from my neighbor and did this.  I called them and they said they do pull CRs before they go up to the house to see if you are eligible.  Now how is this a permissable inquiry?  They said I have to give them information and fill out paperwork to get this resolved.  I filed with the local police for identity theft and called the state attorney's office to file a complaint.  Is it me or is that just plain illegal to do what they did?


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Senior Contributor
Booner72
Posts: 3,889
Registered: ‎05-24-2011

Re: Neighbor can give permission to do hard inquiry and open an account?

ILLEGAL

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Senior Contributor
O6
Posts: 3,626
Registered: ‎10-13-2009

Re: Neighbor can give permission to do hard inquiry and open an account?


Shogun wrote:

     In underwriting for mortgage which closes on 8/12 for new house.  Had a hard inquiry pop up from EQ from a company called VIVINT INC.  It's a company that sells security systems for houses.  I called them today and they said I have an active account from them.  They got my name from my neighbor and did this.  I called them and they said they do pull CRs before they go up to the house to see if you are eligible.  Now how is this a permissable inquiry?  They said I have to give them information and fill out paperwork to get this resolved.  I filed with the local police for identity theft and called the state attorney's office to file a complaint.  Is it me or is that just plain illegal to do what they did?


Illegal.  Highly illegal.

 

Go directly to court and file for your $1,000 beer money.  Seriously.  They in no way had permissible purpose to access your credit file.

IAALBNYL
Senior Contributor
Booner72
Posts: 3,889
Registered: ‎05-24-2011

Re: Neighbor can give permission to do hard inquiry and open an account?

06, how does one go to the court to get this beer money?  What specific steps must be taken?  I'm guessing you know a little about law.  I wouldn't have a clue how to get the 1000 bucks and I betcha OP doesn't either.

 

PS Happy Friday.

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Senior Contributor
O6
Posts: 3,626
Registered: ‎10-13-2009

Re: Neighbor can give permission to do hard inquiry and open an account?


Booner72 wrote:

06, how does one go to the court to get this beer money?  What specific steps must be taken?  I'm guessing you know a little about law.  I wouldn't have a clue how to get the 1000 bucks and I betcha OP doesn't either.

 

PS Happy Friday.


 

Sue them. 

 

FCRA § 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b]

 

FCRA § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

 

FCRA § 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

 

There should be no problems in getting an attorney, if you choose to retain one, to handle this since the FCRA also allows for attorney fees.

 

 

 

IAALBNYL
Moderator
Shogun
Posts: 12,884
Registered: ‎04-15-2011

Re: Neighbor can give permission to do hard inquiry and open an account?

06 I'm so glad you posted on this one, I had already told the DW I hoped you or Robert EG would answer this one.  I'm gonna get all lawyered up and go after this one.  Oh and the first round's on me.   Thanks.


Starting Score: 504

July 2013 score: EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+

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Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!
Senior Contributor
Booner72
Posts: 3,889
Registered: ‎05-24-2011

Re: Neighbor can give permission to do hard inquiry and open an account?

You've surely got the name to take this on!

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Senior Contributor
O6
Posts: 3,626
Registered: ‎10-13-2009

Re: Neighbor can give permission to do hard inquiry and open an account?

[ Edited ]

Shogun wrote:

06 I'm so glad you posted on this one, I had already told the DW I hoped you or Robert EG would answer this one.  I'm gonna get all lawyered up and go after this one.  Oh and the first round's on me.   Thanks.


Sic 'em! 

 

And I can smell where they are heading on this, too.  The business is going to say that they can pull because of what in their feeble mind is a potential business transaction.  When they pull that excuse out of their rear, tell them to FOAD.  Ample FTC Advisories and case law points to the fact that even a car dealer can't run your credit until there is a firm offer to buy.  Just walking in and asking some hypothetical questions -- even discussions about price -- does not give them permissible purpose.

 

Getting lawyered up is a good idea.  It always helps if you can show how the defendant's actions have caused you harm and a good lawyer can help you do just that.  Believe me, you have been harmed in ways no ordinary person could ever imagine.  :smileyhappy:

 

You know, if that business operates like this, I smell a class action.  :smileywink:

 

 

IAALBNYL
Moderator
Shogun
Posts: 12,884
Registered: ‎04-15-2011

Re: Neighbor can give permission to do hard inquiry and open an account?

Thanks for the info and I'll definitely post an update on how it's proceeding.  I'll definitely get a lawyer, always like professionals when it comes to this sort of thing.  :smileyhappy:   


Starting Score: 504

July 2013 score: EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+

Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!
Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007

Re: Neighbor can give permission to do hard inquiry and open an account?

[ Edited ]

AMEN!

The relevant tag phrase under FCRA 604 is that a business transaction must have been "initiated by the consumer," and not by the creditor.  And, as O6 has pointed out, the FTC has also issued advisory opinions that set a very restrictive interpretation even as to what is considered a business transaction.  This party fails both tests.

I think you have a slam dunk.

If you want to get ahead of the game, you can find out on your own what specific reason the creditor provided to the CRA when they did their pull of your CR, which gave them access to some of your most personal financial business.  You can simply file a request with the CRA under FCRA 609(a)(1), and request the reason submitted by the party when they obtained your CR.  Just accompany your 609(a)(1) request with proof of identity and the processing fee of $10.50.


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