@Anonymous wrote:
@ksantangelo23 wrote:
@Anonymous wrote:
@ksantangelo23 wrote:
@Anonymous wrote:
@ksantangelo23 wrote:
It is an FCRA violation to access your credit via hard pull without consent. The calls are recorded, and you clearly gave no consent. Whether or not they remove the pull, you have grounds to sue for, at minimum, statutory damages up to $1,000. If you can prove further damages such as denial of credit based on the reasoning of "Too many recent inquiries", then you can include actual damages. If a creditor closes an account of yours based on their own SP review for "Too many inquiries", well, you can see the domino effect.
Anyone who is able to pull your credit on behalf of a company, such as the CSR, if fully aware of the dangers of doing this and at the very least, mentioning that you're aware of this being a FCRA violation should be enough for them to request the pull be removed.
Really? I thought with an existing relationship you have in effect agreed to this as part of the sign up (allowing them to review your credit as often as the desire).
By soft pull, they can.
Where in the FCRA does it distinguish between hard and soft pulls?
I wouldnt recommend sueing over this, but you (the OP) should know your rights and protections, and use that to make sure it is removed.
FCRA protects us by requiring authorization, which wasnt provided, and thats what it boils down too.
Also, FCRA doesnt use the term "hard" or "soft" and no agreement any of us signed allows unlimited hard pulls on our reports. FIdelity seems to have asked "Do we have permission to pull your credit" "No" "Ok, we will access your credit".
IANAL but I don't think it's that simple. He initiated the transaction by requesting an increase. Regardless of what the CSR said or what conditions he tried to put on it he made a request that required a credit check and that's pretty clearly allowed under the law, especially with a pre-existing business relationship. I'm not saying they're right for doing it but I don't think they would be subject to penalties.
That's not right at all Omne. When she lst asked me if I wanted a CLI, I flat out said NO because I told her that I knew it would be a HP and I did not want it....that's when she said 'oh no, we won't pull your credit again, we'll just use the same pull from your approval. There's no need to do a pull at all, it's good for 30 days, its in our system.....and btw, unicorns really do exist.'
She never really used the term 'request'. She said we'll 'review', 'look at again' the original approval pull.
She never read the usual statement/disclosure that all CSR's generally read to you prior to a CLI and getting the customers' consent to pull a report.
Oh, I almost forgot, CSR #3 could see the CLI request, and she read part of it to me whereas CSR #1 (the one that screwed up) actually put a remark/sidenote on the CLI request that said: 'Use the EX credit report at time of approval". wthell.
That's obviously against any type of policy they would have.
She hit the button and I got an instant Credit Sesame TU alert.
I'm not totally sweating it...hell i got the myFICO TU alert for the inquiry and gained 3 pts. But I'll fight for whatever I can with them....in a good kinda way...not a mean kinda way. I am excited to have this card. My 401k is with Fidelity and I can see this card and CMA being very useful for a long time.
