Reply
Regular Contributor
Cherriwyn
Posts: 140
Registered: ‎06-21-2011
0

Unauthorized Hard Inquiry

Today I received an alert from my credit monitoring company stating a hard inquiry was placed on my credit from Weltman, Weinberg & Reis.  This inquiry was not authoirzed by me and it caused my score to drop 10 points.  I was looking for suggestions as to how I should proceed.

 

Thanks in advance.


Starting Score: 511
Current Score: 628
Goal Score: 650


Take the FICO Fitness Challenge
Community Leader
Senior Contributor
StartingOver10
Posts: 4,185
Registered: ‎03-06-2010
0

Re: Unauthorized Hard Inquiry


Cherriwyn wrote:

Today I received an alert from my credit monitoring company stating a hard inquiry was placed on my credit from Weltman, Weinberg & Reis.  This inquiry was not authoirzed by me and it caused my score to drop 10 points.  I was looking for suggestions as to how I should proceed.

 

Thanks in advance.


They are a CA so they most likely have pp from the OC.

DV them if you have their dunning letter then you know who the OC is and it puts a stop to collection until they respond to your DV letter.

Regular Contributor
Cherriwyn
Posts: 140
Registered: ‎06-21-2011
0

Re: Unauthorized Hard Inquiry


StartingOver10 wrote:
They are a CA so they most likely have pp from the OC.

DV them if you have their dunning letter then you know who the OC is and it puts a stop to collection until they respond to your DV letter.


Thanks for your response.  I have not received a dunning letter or anything from them only the alert I received today on my credit report.   I did file a dispute with the credit agency.


Starting Score: 511
Current Score: 628
Goal Score: 650


Take the FICO Fitness Challenge
Mega Contributor
RobertEG
Posts: 17,697
Registered: ‎03-19-2007
0

Re: Unauthorized Hard Inquiry

The entire construct of the FCRA, by including section 804, is to define types of inquries that do not require specific authorization from the consumer.

Authorization is based on permissible purpose.  If they have legitimate debt collection authority, they have permissible purpose.

 

You could assert that pulling your credit report is an act that triggered requirement for dunning notice within 5 days, but I am aware only of reporting information to a consumer's file as being case law basis for dunning notice.  Pulling your credit is not furnishing information to a CRA.

 

Since you have their name, you could send them a DV.  You dont have to wait for dunning notice to require debt validation.

That will at least place a collection bar on them until they provide verification.

New Contributor
tmobileguy
Posts: 88
Registered: ‎11-16-2012
0

Re: Unauthorized Hard Inquiry

FCRA states that you must have PP to pull a credit report, that is true. But it is also specific in its language about inquiries that are visible to "only you" vs visible to "everyone"...and it states that an iquiry that is visible to everyone MUST be initiated by the consumer. PP is not a defense in a hard inquiry situation since you must have PP AND have it initiated BY THE CONSUMER


Starting Score: EQ 575 EX 595 TR 524
Current Score: EQ 643 EX ??? TR 638
Goal Score: EQ 300 EX 300 TR 300


Take the myFICO Fitness Challenge
Mega Contributor
RobertEG
Posts: 17,697
Registered: ‎03-19-2007
0

Re: Unauthorized Hard Inquiry

The referenced sections of the FCRA state that the business transaction or application for credit or insurance must have been initiated by the consumer, not the request for your credit report.

 

The consumer is not a party to permissible requests for their credit report, and inquirees dont need  consumer authorization if they have a permissible purpose.

Otherwise, business handling of their transactions and extension of credit would come to a standstill.

 

New Contributor
tmobileguy
Posts: 88
Registered: ‎11-16-2012
0

Re: Unauthorized Hard Inquiry

no consumers initiate any kind of application for credit from a CA (typically). Which means they might have a PP to pull a soft inquiry, but the CA still falls short of the ability to make a hard inquiry because they have recieved no initial application for credit or insurance from the consumer. 


Starting Score: EQ 575 EX 595 TR 524
Current Score: EQ 643 EX ??? TR 638
Goal Score: EQ 300 EX 300 TR 300


Take the myFICO Fitness Challenge
Mega Contributor
RobertEG
Posts: 17,697
Registered: ‎03-19-2007
0

Re: Unauthorized Hard Inquiry

Inquires are not limited to requests for credit.

They are permitted for business transactions where no actual credit is being advanced, provided the business has a legitimate need for the information, for applications for insurance, for employment purposes, for governmental licensing, by potential investors to assess payment risks on an existing credit obligation, review of or collection on an account, etc.

New Member
langinjoe
Posts: 42
Registered: ‎12-03-2012
0

Re: Unauthorized Hard Inquiry

Yep, It sucks that they can do this! I had a lawfirm pull a hard inquiry before they sent me a demand for payment letter and every week until I replied to it! Jerks.


myFICO is the consumer division of FICO. Since its introduction 20 years ago, the FICO® Score has become a global standard for measuring credit risk in the banking, mortgage, credit card, auto and retail industries. 90 of the top 100 largest U.S. financial institutions use the FICO Score to make consumer credit decisions.

>> About myFICO
FICO Score - The Score that matters
Click to Verify - This site chose VeriSign SSL for secure e-commerce and confidential communications.
Fair Isaac Corporation is a BBB Accredited Financial Service in San Rafael, CA
FOLLOW US Social Media Facebook Twitter Pinterest Google+
}