Credit Card Center Advertiser Disclosure†
01-12-2013 09:33 AM
I placed an order online for TW Cable service and signed up for automatic monthly payments from my debit card so they wouldn't have to do a hard pull. The next day I received an e-mail from TW telling me the order didn't go through and to call their national sales dept. I'm assuming this is so they could get me on the phone and upsell. The woman I spoke to asked for my SSN right at the beginning of the conversation and I said, "I'm not going to provide you with my SSN because I do not want you to run my credit. Do not check my credit." I explained to her how it would affect my score and she agreed not to. I just wanted to find out why the order didn't go through and set up a similar payment plan to avoid the inquiry or maybe recover the initial order.
She then proceeded to tell me "Everything came back 'green'" and that I wouldn't owe a deposit. She told me she ran my credit and found me through a previous address or something. I got her supervisor on the phone who suggested to me that my credit HAD NOT been run and explained to me why they normally do that and how it's out of their hands. I said okay, thanks, and went with another company.
I received a ScoreWatch alert this morning telling me that they DID run my credit. Needless to say, I'm pissed. I was told they did not run my credit and had explicitly told the woman more than once that I did not consent to her doing that.
So my question is: is this legal? I want the inquiry removed but I'd also like to report them to someone and have them fined to hopefully discourage them from continuing this practice. From what I've gathered online this is illegal for them to do but I figured I'd find a more definitive answer here.
What do you all think?
01-12-2013 11:19 AM - edited 01-12-2013 11:20 AM
It's not improper under the FCRA. The question of whether what they did in view of their promise is "illegal" is a secondary issue not covered under the FCRA.
It's really a private oral contract issue that would, in my opinion, be handled by way of civil action.
FCRA 604 defines a long list of items for which a creditor or business has permissible purpose to pull a consumer's credit file without their specific consent.
The very reason for section 604 is to define purposes that dont require specific, prior approval of the consumer. Otherwise, business processing of requests for credit or for legitimate business transactions would come to a halt.
Having permissible purpose as a legitmate business transaction, the coding of how they report that inquiry is not regulated under the FCRA, and remains a mystery, at least to me. I dont know how a business or creditor makes an inquiry that otherwise qualifies for inclusion in your credit report in a manner that blocks that inclusion.
There are no guidelines or regulations, at least that I am aware of, that stipulates how such a subjective system of reporting operates.
01-12-2013 03:48 PM
+1 It's a permissable pull. Sorry.
01-12-2013 03:56 PM
01-13-2013 07:29 AM
+1 They are providing a service, that is on going forward credit via a revolving account. They, just like utilities and cell phone providers are allowed to do a credit check.
Forums posts are not provided or commissioned by FICO. Forums posts have not been reviewed, approved or otherwise endorsed by FICO. It is not FICO's responsibility to ensure all posts and/or questions are answered.† Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.
* For complete information, see the terms and conditions on the credit card issuer’s website. Once you click apply for this card, you will be directed to the issuer’s website where you may review the terms and conditions of the card before applying. While myFICO always strives to present the most accurate information, we show a summary to help you choose a product, not the full legal terms - and before applying you should understand the full terms of products as stated by the issuer itself.
IMPORTANT INFORMATION: All FICO® Score products made available on myFICO.com include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more
FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.