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CA pulling CR

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Anonymous
Not applicable

CA pulling CR

I know there is a thread here about this but, I am still confused.  80% of the inquiries on my CRs are from CAs.  One of them pulls it monthly.  I have disputed these and was told they are for PP.  I aruged that I did not get credit from these agencies but was still told it was PP because they are trying to collect a debt.  I also have a few that say "written authorization by consumer".  One is for a mortgage company whom I have never heard of.  I do not have a mortgage and have never tried to get a home.  Is this legal and if not what should I do?
 
This has nothing to do with the above but, what impact would the "active military alert" have on your CR.  To me it seems more people would try to collect knowing you are in the miltary.
Message 1 of 20
19 REPLIES 19
Anonymous
Not applicable

Re: CA pulling CR



guiness56 wrote:
I know there is a thread here about this but, I am still confused.  80% of the inquiries on my CRs are from CAs.  One of them pulls it monthly.  I have disputed these and was told they are for PP.  I aruged that I did not get credit from these agencies but was still told it was PP because they are trying to collect a debt.  I also have a few that say "written authorization by consumer".  One is for a mortgage company whom I have never heard of.  I do not have a mortgage and have never tried to get a home.  Is this legal and if not what should I do?
 
This has nothing to do with the above but, what impact would the "active military alert" have on your CR.  To me it seems more people would try to collect knowing you are in the miltary.


As I understand, a CA can pull your report if the are trying to collect based on "credit transactions"
 
The one's for the mortgage company, you can send non PP letter:
 
 
Non-PP Puller Company
Address
City State Zip Code
 
To Whom It May Concern:
 
I have noticed that you have placed an inquiry on my _________ credit file dated ________. As you probably know, Credit Reporting Agencies treat inquiries as a statement of fact and will not allow a consumer to dispute them. Since it is against federal law (Fair Credit Reporting Act -- 15 USC § 1681n(a)(1)(B) for an entity to view a consumer’s credit report without a "permissible purpose," I am writing to inquire as to your alleged purpose for doing so since I did not apply for employment with your organization nor did I request credit from your organization.
 
[Describe any additional details about the inquiry here if need be. For example, your a subscriber to XXXX monitoring service and XXXX company pulled a "hard inquiry" on one of your reports.]
 
Based on the evidence in my possession, this inquiry was performed under false pretenses as described in the clear language of the law. 15 USC §1681n(a)(1)(B ) states, in part, "in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;"
 
You are civilly liable to me in the amount of $1,000.00 for your willful violation of the law -- performing a "hard inquiry" on my __________ file without my permission. I do hope that we can settle this matter amicably. You can remove the inquiry within one (1) business day of the receipt of this notice. Or, we can meet in court where you will end up removing the inquiry, paying me the civil liability fine, punitive damages for my score drop, plus court and attorney fees. The choice is up to you.
Please contact me immediately at the address listed below.
 
Sincerely,
TYPE NAME ONLY
Consumer
Address
City State Zip Code
 
Not sure on the answer for the military alert. I would assume it is like a FA but only for 1 year.
 
 
 
Message 2 of 20
llecs
Moderator Emeritus

Re: CA pulling CR

CAs have PP. However, pulling monthly, IMO, is not PP. And there is a question in my mind as to whether the pull could be soft or not as per CAs. Law isn't clear as to method.
 
I don't know as per military, but isn't there a law out there that offers protection?
 
 
Message 3 of 20
Anonymous
Not applicable

Re: CA pulling CR

CAs do NOT have PP!!!!!!!!   send the letter to only CAs that have pulled a hard copy!!  Make sure that they are HARD copies!
 
Also file a complaint (tell them you are on active duty)   www.ftc.gov
 
 


Message Edited by HappyDays on 02-19-2008 02:02 PM

Message Edited by HappyDays on 02-19-2008 02:09 PM
Message 4 of 20
Anonymous
Not applicable

Re: CA pulling CR

To me a CA pulling every month should not be permissible.  Especially after disputing the account.
 
There is an alert you can put on your report if you are active duty.  It does not say what this alert does or does not do.  I am worried that by putting in on my report, every Tom, **bleep** and Harry will decide that since I am active duty they will have a better change of collecting a debt. 
Message 5 of 20
Dawn
Established Contributor

Re: CA pulling CR

I always have a difficult time when I see this issue pop up because it appears the CAs are using repeated inquires as a method of harrassing consumers ... yet it also appears that from the FCRA that they do have PP.
 
Whether there is any guideline that specifies that they can't do hard inquires monthly seems to be another matter.  Maybe as a way of responding to the CAs' repeated hard inquiries,  that are known to impact credit scoring, consumers could file suit against the CAs for "unfair and unconscionable" efforts to collect a debt. 
 

§ 604. Permissible purposes of consumer reports

[15 U.S.C. § 1681b]

(a) In general. Subject to subsection (c), any consumer reporting agency may furnish a

consumer report under the following circumstances and no other:

(1) In response to the order of a court having jurisdiction to issue such an order, or a

subpoena issued in connection with proceedings before a Federal grand jury.

(2) In accordance with the written instructions of the consumer to whom it relates.

(3) To a person which it has reason to believe

(A) intends to use the information in connection with a credit transaction

involving the consumer on whom the information is to be furnished and

involving the extension of credit to, or review or collection of an account

of, the consumer; or

Message 6 of 20
Anonymous
Not applicable

Re: CA pulling CR

I see people say this all the time.  I have yet to see a convincing argument why a CA does not have PP when collecting on credit transactions initiated by the consumer.
 
I agree with Dawn.  The FCRA is very clear on this.
 


Message Edited by cheddar on 02-19-2008 04:24 PM
Message 7 of 20
Anonymous
Not applicable

Re: CA pulling CR

 or review or collection of an account

of, the consumer; or

 

They can do a soft pull only!!  you are not asking for credit  employment or insurance.

Message 8 of 20
Anonymous
Not applicable

Re: CA pulling CR



HappyDays wrote:
 or review or collection of an account

of, the consumer; or

 

They can do a soft pull only!!  you are not asking for credit  employment or insurance.



If you're referring to 604(c)(3), it doesn't say the hard pull has to be made by the entity with whom the consumer applied for credit.  It just says a hard pull needs to be "in connection with" a credit transaction initiated by the consumer.
 
I think CAs attempting to collect on credit accounts meet that definition.
 
If it were possible to read a general rule that "CAs are never allowed to do hard inquiries" into the FCRA, why did the Pintos Court go to such great lengths to make the distinction between credit transactions and non-credit-related transactions?
 
BTW, employment-related inquiries, due to their conspicuous absence in the language of 604(c)(3), are always soft pulls.
 


Message Edited by cheddar on 02-19-2008 04:14 PM
Message 9 of 20
Junejer
Moderator Emeritus

Re: CA pulling CR



@Anonymous wrote:
 or review or collection of an account

of, the consumer; or

 

They can do a soft pull only!!  you are not asking for credit  employment or insurance.




This is my arguement. Soft if you must, but you will not hard pull my reports unless you full media validate.






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