Unauthorized credit enquiry

[Teasha]

I have email correspondence from customer service stating the enquiry is a "soft credit check" for service. I've spent hours with ATT making calls and sending emails to have them remove the enquiry from my EQ credit report.

If I wasn't asked and I didn't authorize the pull for additional service and have documented proof as stated above, do I have grounds for removal under the FCRA?

[RobertEG]

No, not on the basis that you did not proivde specific authorization.

FCRA 604 is provided for the reason of avoiding the need for busniesses and creditors to obtain specfic authorization for obtaining credit reports.

It lists permissible purposes for which they may obtain consumer reports without express consumer authorization.

A business transaction initiated by a consumer is a permissible purpose listed under section 604, provided there is some legitimate business need to review the consumer's credit as part of their busniness transaction.  Potential arrears in payments, even if no credit is extended, is used as the basis for asserting a legitimate business purpose.

To contest their inquiry, you would have to show that there was no legitimate business need for them to review your credit in association with your busniness transaction.

If you do dispute their legitimate business need, your dispute must be filed with the CRA.  All issues pertaining to credit inquiries are specifically exempted from the FCRA direct dispute process.

[Teasha]

Thanks RobertEG for your feedback,
I spoke with their exec office today and I was told he needed to gain information from their credit analyst to prepare for the call. He then claimed that the analyst advised him
that a "soft pull" does reflect on your credit and they will not remove it from my credit report and in fact cannot! Only i can remove it by calling the credit bureau. This is frustrating to say the least. I know people have limited knowledge of credit and credit enquiries but a company has switched the meaning of the two and as a consequence customers a making decision based on sales staff knowing what they're talking about.

FAIR WARNING FOR POTENTIAL AT&T CUSTOMERS
AT&T DO NOT KNOW THE DIFFERENCE BETWEEN A "HARD" vs "SOFT PULL" YOU WILL ALWAYS BE TOLD ITS A SOFT PULL BUT INFACT WILL ALWAYS BE A HARD PULL. IF YOU ARE PURCHASING A HOME, CAR OR REFINANCING ANYTIME SOON DO NOT ADD SERVICES BASED ON THE SALES REP SAYING ITS A SOFT PULL.

The rep went as far to say that they don't have knowledge of the difference between the two, and to forward him the explanation so he is better prepared in the future..

Sorry for the rant but Im sooo frustrated with uneducated and ignorant people. You get paid to know....learn something people. Your customers will thank you

[llecs]

Always expect a hard pull with any mobile service, any cable or landline phone service, any deposit account like checking or savings, any home security system, and any brokerage account like Scottrade, ETrade, and others. AT&T most always pull a hard inquiry, but I know some 3rd-party resellers can do it without one.

[DaBears]

I just got T-Mobile service which was a HP, My mortgage lender I'm woking with said it will not affect th mortgage process. If I had applied for a credit card then it's a different story. 

[Teasha]

Update: ATT sent me a letter saying they have authorized a removal of the enquiry from my EQ report and will reflect in 30-90 days :-) Will see but with hard work anything is possible.

[luckyintx]

I am disputing some unauthorized HP on my credit too, is the dispute process deadlines the same as a dispute on inaccurate listings such as a credit card on you credit report too long? Cleaning up a huge amount on my credit, looking good, but still needs work, so I am learning all I can. Any answers or help would be greatly appreciated!  

[RobertEG]

Disputes sent to a CRA cover any inaccuracy of information in your credit file, so yes, you can dispute inquiries using the CRA dispute process.

You cannot use the direct dispute process, however, which exempts disputes related to inquiries directly with the inquiree.

The basis for a dispute is their permissible purpose.  Did the inquiree have a permissible purpose under any of the provisions of FCRA 604?

If they had a permissible pupose, the coding of either hard or soft is not regulated under the FCRA, so the coding of a dispute is near impossible to contest as inaccurate under any set regulations or procedures.

[alvon123]

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@Teasha wrote:
Update: ATT sent me a letter saying they have authorized a removal of the enquiry from my EQ report and will reflect in 30-90 days :-) Will see but with hard work anything is possible.

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congrats