Simple question

[Anonymous]

Can CA run your credit without your authroization?

[DI]

Yes a soft pull, and they always do.  They can not place a tradeline on your report until they give you chance to dispute the account.  Expect a demand letter in the mail if they plan to pursue collection efforts.

Message Edited by DI on 08-07-2009 08:13 PM

Message Edited by DI on 08-07-2009 08:14 PM

[Anonymous]

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@DI wrote:
Yes a soft pull, and they always do.  They can not place a tradeline on your report until they give you chance to dispute the account.  Expect a demand letter in the mail if they plan to pursue collection efforts.

Message Edited by DI on 08-07-2009 08:13 PM

Message Edited by DI on 08-07-2009 08:14 PM

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That is not entirely a true statement.  Some states, like TX, requires the consumer to be notified before an item is placed on your CR.  Not all do.

According to the FTC, placing an item on your CR is considered initial communications.

[RobertEG]

Under federal law, a CA never needs your prior authorization to post their collection of a debt on your credit report. If some state laws legitimately supercede the federal FCRA, that is something you must take up on the state level. 

The underlying question is the legitimacy of the debt itself, and various provisions of both the FCRA and the FDCPA give consumers the right to both contest and require validation of asserted debt.

Whether or not a CA can do a "hard pull" inquiry of your CR as part of their collection activity is a highly contested issue, both on this site, and in the courts.  You will get many different, and contrary opinions on this. 

IMHO, they can, but that is, admittedly, only my interpretation of the FCRA.

Message Edited by RobertEG on 08-07-2009 07:17 PM

[Anonymous]

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RobertEG wrote:  

IMHO, they can, but that is, admittedly, only my interpretation of the FCRA.

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While I don't want to get into a drawn out legal or philosophical debate about this, whether they "can" or can't by the FCRA or any other, my opinion is they shouldn't be able to - period. It would be just another 'tool' they would use to threaten and extort people - some who don't even have valid debts.

[RobertEG]

I hear you, but debt would not exist unless the creditor requested the extensiion  of credit.

I agree that creditors often abuse consumers. but lets be real.

Posts on how to avoid legal collection of debt are not what this site is about.

I dont give advice on how to dodge debt. 

[Anonymous]

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@RobertEG wrote:

I hear you, but debt would not exist unless the creditor requested the extensiion  of credit.

I agree that creditors often abuse consumers. but lets be real.

Posts on how to avoid legal collection of debt are not what this site is about.

I dont give advice on how to dodge debt. 

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I agree - from what I've read, you always give sound, ethical advice and I certainly respect your opinion. But on the 'hard-pull' issue, if your position is not simply that a CA can legally do a hard, but that they should be able to as well - that it should be their right, I definitely disagree with that. Theres is nothing they can't accomplish with a soft pull without further harming a person's credit, and therefore no good reason to do a hard other than to harm, harass, and extort. 

[Anonymous]

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@Anonymous wrote:
Can CA run your credit without your authroization?

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They probably have your authorization, you just don't know it. If you read over any of the terms on the contracts you signed, I'm betting there is a clause stating something to the effect that you give your creditor and it's AGENT(s) permission to do so when they deem necessary, etc.

Message Edited by bigtim on 08-08-2009 03:30 AM

[MarineVietVet]

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@Anonymous wrote:

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@RobertEG wrote:

I hear you, but debt would not exist unless the creditor requested the extensiion  of credit.

I agree that creditors often abuse consumers. but lets be real.

Posts on how to avoid legal collection of debt are not what this site is about.

I dont give advice on how to dodge debt. 

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I agree - from what I've read, you always give sound, ethical advice and I certainly respect your opinion. But on the 'hard-pull' issue, if your position is not simply that a CA can legally do a hard, but that they should be able to as well - that it should be their right, I definitely disagree with that. Theres is nothing they can't accomplish with a soft pull without further harming a person's credit, and therefore no good reason to do a hard other than to harm, harass, and extort. 

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Isn't this one of those "we can agree to disagree" moments???? 

7/09 (myfico)
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CC interest free as of 8/09
Time can heal all wounds and a low FICO.
"Hello my name is Sandy and I'm a recovering crediholic".

[DI]

This is one of the very main reasons a person should avoid having an account going to collections.  Things happens, but I certainly will remmber this subject when making charges on my credit cards.