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Suing creditor for unauthorized HP?

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Fico2Go
Established Contributor

Re: Suing creditor for unauthorized HP?

Can...not always will..but can.

If you've ever worked or lived outside America you might find more agreement with my statement.

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Message 31 of 38
KeithDMA
Member

Re: Suing creditor for unauthorized HP?

This could be a bit off topic but, I was under the impression that if your credit files are frozen, only current crditors that you have a relationship have access to it.  I also thought that those current creditiors need to have your credit thawed in order to do a HP.  If this is the case, just freeze your credit.  Mine is currently frozen.

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Message 32 of 38
Anonymous
Not applicable

Re: Suing creditor for unauthorized HP?

Chase hard pulled my data yet I did not authorize anything. I haven't talked with one of their bankers in over a year, yet I see a hard pull from 4 months ago.  I pulled my credit report a little less than a month ago, is it too late to dispute?

Message 33 of 38
TeeGee
Contributor

Re: Suing creditor for unauthorized HP? YOU GO GUINESS56

Guiness56 was absolutely right.

 

No one can do a hard pull on you that doesn't have your permission or doesn't have a current relationship with you (eg. a credit card, loan, etc.).   Many agencies look at your credit - utilities, auto insurance, etc. but a hard pull means YOU APPLIED FOR CREDIT WITH A NEW CREDITOR or YOU GAVE SOMEONE PERMISSION TO LOOK AT YOUR CREDIT.

 

How harsh and rushing to judgment some of these responses are!!  There are valid reasons for looking into whether someone has violated your rights.  This individual whether young, old or a vampire was just asking a question and looking for information. There is nothing wrong with being informed and holding creditors accountable!!

 

If you don't get an answer here, PM me and I can give you an email address of a great consumer affairs attorney that will ask you a lot of questions, then let you know the law and how it might apply to your situation.  

 

 


Amex $6K BankofAmer $2K CapPlatinum $2.5K Macys $1K Chase RR $16K CapQS $2.5K Discover $8.5K IN THE GARDEN til 6/1/2015
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Message 34 of 38
RobertEG
Legendary Contributor

Re: Suing creditor for unauthorized HP?

Application for credit with a new creditor is not the only way a party can make a legitimate inquiry for your credit report without your express permission.

Again, the entire purpose of the listing of the many permissible purposes under FCRA 604 is to permit the pull of consumer credit reports without having to first obtain express permission from the consumer.  Otherwise, business would creep to a halt.

 

Any buinsess transaction you intitiate for which they have a legitimate business to review your credit as part of that transaction provides permissible purpose, and does not require express consumer permission.  Likewise, debt collectors have permissible pupose as long as they have legitimate collection authority.

They can make those inquiries as so-called "hard" inquiries. 

 

The only statutory requirement that an inquiry cannot appear in a consumer report made available to others (i.e., a "hard" inquiry) pertains to so-called promotional inqiiries for a lsitng of your name and address.

 

The CRAs have their own administrative rules that require certain types of inquiries to be coded as soft, such as internal account reviews by an existing creditor.

 

Message 35 of 38
Anonymous
Not applicable

Re: Suing creditor for unauthorized HP?

I appreciate the response RobertEG especially the mention the specific piece of legislation enabling the bank to do a hard pull. It's unfortunate that they can negatively affect my credit on a whim. Oh well, there's no guarantees that another bank or credit union won't do the same thing.

Message 36 of 38
TeeGee
Contributor

Re: Suing creditor for unauthorized HP?

"Again, the entire purpose of the listing of the many permissible purposes under FCRA 604 is to permit the pull of consumer credit reports without having to first obtain express permission from the consumer."

 

Can you give an example of the many permissible purposes?  Utility companies?  Cell and communications?  Is this what you are referring to?  

 

I'm just trying to uderstand why anyone other than a) an entity you already have a relationship with; or b) your application for credit; or c) your express permission could allow a hard pull.  I'm aware of communication/utility company's, etc. But who else would fall under this category?


Amex $6K BankofAmer $2K CapPlatinum $2.5K Macys $1K Chase RR $16K CapQS $2.5K Discover $8.5K IN THE GARDEN til 6/1/2015
Beginning FICO 630 ish EQ 732/EXP 735/TU 753 (Aug) Goal 800
Message 37 of 38
RobertEG
Legendary Contributor

Re: Suing creditor for unauthorized HP?

Apartments when reviewing rental applications, banks where your account might become in arrears..........

Message 38 of 38
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