Re: Hard Inquiry on TU today!
01-29-2013 11:46 AM
I presume, with all the names in their title, that they are also a law firm?
If so, it is difficult to say at this point whether they are acting as legal counsel for the creditor, or as their debt collector.
If, as your research appears to show, they have a primary business of collection of debt, they would become a debt collector.
The issue of whether or not their inquiry was a communication is not determinative of whether you can DV them, as any DV is timely until they have sent dunning notice and the 30 day period set therein has expired. So I would send a DV, and if they are in fact acting as a debt collector, they must cease any collection activities until they have provided verification. If they are not asserting to be a debt collector, as absence of dunning notice might imply, the DV would be moot.
Send a DV and get a collection bar in the event they do assert to be a debt collector.
As for challenging their inquiry, the issue is whether they have a permissible purpose. If authorized legal counsel, I would presume they have the full authority to act on behalf of their client, who does have permissible purpose. If a debt collector, they have their own express permissible purpose.
The FCRA does not regulate coding of hard vs soft inquiries other than inquiries for which you have not initiated a request for credit or insurance...so-called promotional inquiries. Tough to pursue coding disputes when they otherwise have a permissible purpose.