@RobertEG wrote:
The FCRA authorizes a pull of your credit report if either the party has a permissible purpose under one or more provisions of sectin 604 or the consumer has expressly authorized the pull.
They are saying that if the consumer authorizes a pull, there is no need for any showing of a permissible purpose, period.
It is thus immaterial as to the purpose of the inquiry, such as whether you initiated any request for credit.
That is kinda stupid, as I assume that a consumer would only authorize a pull if they were completing the app process, and thus their express authorization hidden provision would deem to not apply if the form were not completed.
Recourse would be to contest whether their web page was reasonably an express consumer authorization for the pull.
I would not pursue any issue of whether they had a permissible purpose, as that is not their contention.
I would present your case by way of complaint to the CFPB as no reasonable authorization by you.
Alternately, you could file a complaint with the BBB, asserting deceptive business practices.
By the time either of those complants have run their course, you may be nearing the one-year period after which the inquiry will no longer effect your scoring, but I clearly see a complaint based on the principle of their deceptive pracice.
In addition to Robert's as usual excellent advice, another thought is to pursue via social media, ie, take your case directly to them on their Facebook and/or Twitter account. Anecdotally, these venues have yielded good results with consumer complaints, as companies are very sensitive to public complaints. Utilise what Robert suggested regarding their web page, rather than permissible purpose.
I suppose the question becomes "at what point in the process does it constitute permission to pull one's credit, if the website is not clear about that?" One would reasonably think that, just by partially filling out an on-line application, but not completing it or submitting it, does not constitute permission. One could reasonably argue that, if one had filled out a paper application, but not completed or submitted it, does not constitule authorization for a credit pull. So why should an on-line application be different?
And if there is not a statement to that fact (ie, directly under where you check mark that you give permission, a statement that the check mark in and of itself is granting permission, regardless of whether you finish the transaction). That suggestion Robert made about reasonable express consumer authorization for the pull,thus is muddled, if the consumer doesn't know or is advised that the ACT of making the check mark, regardless of completion, constitutes permission.
