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Is this a violation of the FCRA?

BayHouse Credit Forum: Credit Q & A: Disputes - Collections - Chargeoffs - Bankruptcy - CCCS: Is this a violation of the FCRA?
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D T (Dtemkin)

Wednesday, February 14, 2001 - 05:23 am Click here to edit this post
I applied for a new auto loan from my credit union, and they declined me. On the "Adverse Action" sheet, it lists bankruptcy as the reason for declining it. Now, there's another section where they can say if they used a CRA to get this information, and the CRA's address/information. They filled NONE of this out, however, I have TWO inquiries from them on my TransUnion report.

I'm already pissed as hell at these bastards. Can I file some kind of complaint to nail their asses to the wall? :-)


Thanks,

-Dave

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Shylock (Shylock)

Wednesday, February 14, 2001 - 09:59 am Click here to edit this post
It depends. They may have learned of your bankruptcy through another source. If you placed information about it onto your credit application, for example, that might do it.

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D T (Dtemkin)

Wednesday, February 14, 2001 - 11:11 am Click here to edit this post
Yeah, but they also pointed out that I had a "serious credit delinquency", which would have obviously been pulled from the report...

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Christine Baker (Admin)

Wednesday, February 14, 2001 - 05:28 pm Click here to edit this post
I do believe this is at least ONE violation of the FCRA. They failed to disclose to you which report they utilized, so you can't get your FREEBIE TU report. Apparently you don't need it, since you saw their inquiries, but that's besides the point.

I have TWO inquiries from them on my TransUnion report.

Did you apply TWICE? If not, the 2nd inquiry was NOT authorized.

Before you get excited about "nailing their asses to the wall" you have to realize that no "regulatory" agency cares. BUT, it doesn't hurt to try. And it IS a little annoying if the credit union actually gets a letter from the FTC, or whoever regulates them.

I would fax the demand requesting they delete the 2nd inquiry within a week. And I'd ASK why they didn't disclose the TU credit inquiries.

If I didn't like the response, I'd then file the FTC and/or regulatory agency complaint and/or maybe a Small Claims complaint.


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