I've just contacted 3 agencies that pulled a hard inquiry on my report. The letter reads as follows: "Our records indicate that an application was made for credit from someone identifying himself as 'rthomas' on April, 30, 2001 at 8:50 am. The application was orginated from 'rthomas' email.' When an application is completed and the applicant clicks on the "submit" button, our electronic underwriting system automatically accesses the applicant's credit report. This is a "permissible purpose" under the FCRA." My questions/concerns that I'm hoping someone could help with: - I've been to various sites and have seen certain sites that don't allow certain states to register online. I currently live in MD and have seen this on numerous online application sites (http://onlinecreditcenter.com/disney/rfs_credit_terms.html). Anyone have any clue as to why only a few sites use this? or is this a State rule in MD (no online applications) that the other sites just don't adhere to? - Are there any national laws in regards to the information tracked for online applications? I've heard recently that CRA's dont' require SS#'s to have reports pulled anymore. My worry is that joining these community sites they pass your information to affiliate companies and have them just run reports in hopes of find consumers to just ship cards to. Which would prove how/why he already had my email address. - if I were denied which seems to have been the case (since i dont' have a card) and I did apply, wouldn't I have had to receive a denial letter in the US mail? can anyone help or point fingers on where to go? rthomas
I wish no states allowed online applications, We have been in credit card hell since Feb. MBNA opened an account for someone who used my husband's SS# but had the card send to an out of state address. The account was opened in 6/01 and we were not notified untl Feb 02. We were told we owed 16,000+. We could never get a copy of the application. We had perfect credit until this happened, now several credit cards have been cancelled and we have been denied credit. They should have called or written to the address on our credit report before sending a card. Right now TU and EX are clean but CSC is giving us the run around. We disputed the MBNA account which was never noted on CSC because MBNA ahnged the account number. Now we are going through another dispute which will take another 30 days. I am ready to sue!
"bona fide credit transactions" Well I found this opinion letter (Landever) at the FTC in regards to electronic applications/signatures: http://www.ftc.gov/os/statutes/fcra/landever.htm " The submission by the consumer of an application for credit gives rise to a permissible purpose to obtain a consumer report under Section 604(a)(3)(A) of the FCRA. Our answer to this inquiry is not dependent upon the method by which the consumer applies for credit. So long as the application is in connection with a bona fide credit transaction, the requirement for a permissible purpose under Section 604(a)(3)(A) is met. The "yes-click" specific authorization, which is insufficient to meet the "written instructions" requirement of Section 604(a)(2), is unnecessary in terms of FCRA compliance because submission by the consumer of an application for credit supplies the permissible purpose under Section 604(a)(3)(A)." I question what the defintion of a bona fide transaction is? I have yet to find the defintion in the text of the statute, legistlative history, case law or opinion letters. Maybe someone else already knows and can reference the definition for me? Esentially what I'm trying to understand is if the bolded sentence above ("So long as the application...") is interpreted to mean that the application must be for some form of actual credit (not pretending to be to get the report for another reason) or that the application isn't fraudulent for someone else's credit? Hope SOMEONE can help!
I think the FTC Landever letter was probably overridden by the Electronic Signatures Act. Some links on this act: An interesting opinion: http://www.pfir.org/statements/e-sigs The FTC Information on the act: http://www.ftc.gov/os/2001/06/esign7.htm Links to the Act itself and some resources associated with it here: http://www.ecsi.net/help/help_esig.html In short, the burden of proof seems to be on the consumer to prove they did not originate the signature.
