Comcast Inquiry

[Anonymous]

This past Saturday I went to Comcast to trade in my cable box for a DVR.  I thought the representative was verifying my identity when she asked for my ID and SSN so I gave it to her.  Then she told me I needed a deposit.  When I asked did she pull my credit, she said yes I thought you knew.  I told her that I did not give her permission to do that and then I left. 

Is this a violation of the law?  Should I send a letter?

[Anonymous]

First, verify if it was a hard or soft inquiry.

Then, if it was a hard inquiry, I would contact a supervisor or manager and explain the situation.

If they don't offer to remove/recode, then you can send them the non-PP letter.

In the end, if they don't change it on their own, all you can do is file complaints and possibly a suit.

When you file a suit, it will be the judge to determine whether you gave permission or not.

ETA: An FTC opinion stated that if a creditor pulls your report without PP, you can sue for damages but it is their opinion that the inquiry is to remain on your credit report. Removing it would be a violation of FCRA, as your report is to list anyone who has received your report, and even though they done it without PP, they did receive your report and you can not change that fact. That is the reason that the fine is put, so that consumer can receive some compensation for the illegal inquiry.

I do know that it is possible to have an inquiry removed, but if you sue for just the removal of the inquiry, the defendant could use the FTC opinion and the FCRA as their defense as to why it can't be removed.

So, if you do have to sue, you'll want to sue for the fine associated with a non-PP inquiry, not just the removal of the inquiry.

Message Edited by sidewinder on 01-13-2009 11:35 AM