01-30-2013 08:04 AM - edited 01-30-2013 08:09 AM
Yes, I'm kind of on a payment plan, they're taking half from my FSA this year and half next year, but I still don't believe that gives them permissible purpose since I'm not making any sort of direct payments. If I end up disputing the inquiry with Experian, what should I say?
I lost 4 points on my TransRisk score, +1 on my VS, and -24 on my auto insurance (huh? you're a better driver if you have good teeth?)
01-30-2013 01:39 PM
The FCRA is constructed such that it provides permissible purpose for credit inquiries without the need for express authorization from a consumer.
Otherwise, business transactions would come to a crawl.
The FCRA lists, under section 604, types of inquiries that have permissible purpose without need to submit express authorization from the consumer.
One such permissible purpose is for business transactions initiated by a consumer for which they have a legitimate business need to assess the consumer's credit.
If a business transaction involves deferral of payment, then that gives rise to a legitimate business need for evaluating the consumer's ability to pay.
It appears to have been done with permissible purpose.
01-30-2013 02:08 PM - edited 01-30-2013 02:11 PM
I disagree that it is a deferral of payment. If the process takes two years, then payment is not deferred, the same as with a plumber or handyman or other type of contractor.
01-30-2013 02:18 PM
What they are required to have is some "legitimate business need" for the information in your credit file as part of the business transaction.
You can certainly contest that issue based on the facts of your transaction. That is a factual issue of which I have no basis for an opinion.
To pursue the issue, you will have to file a dispute with the CRAs, who are the party who accepted their statement of permissible purpose.
You cannot pursue a direct dispute with the creditor, as disputes over credit report inquiries are exempted from the direct dispute process.
01-30-2013 07:38 PM
I had this happen to me 2 weeks ago and sent a stern letter directly to the business advising them that they had 24hrs to reverse the inquiry or change it to a soft pull because I had not authorized a credit pull. It worked like a charm! The inquiry vanished in 3 days. If you would like the letter PM me, no guarantees but it is worth a shot.
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