A prospective client who (ironically) does background checks and has tracing software for CA's mysteriously (or not so...)will not return my calls and has ignored my work proposal. I suspect he pulled my CR (which is in shambles due to my and DH's unemployment). Is that an FCRA violation? Doesn't he need written permission?
Yes, s/he needs permission. Get a copy and see if s/he did so. That would be money in your pocket without even working for them!
Shanyl, I'm wondering if it will show on my report. Since this company does this type of checking for companies and actually makes their software available (they work for banks, IRS, CIA, etc.), wouldn't the CR pull be "blind." Couln't they have a "look" w/o it showing up on my report?
Recently I had a creditor who hasn't been my creditor since 1988 do a soft pull and I sent them a non-pp demand letter. I know it's there and regardless of whether or not others see it, it's the principle of the violation. They had no legal right to pull it. lbrown told me to go for it and I did. We're in the waiting period now. I don't think (someone will correct me if I'm wrong) that the law says you have to have PP ONLY if the pull is viewable by others. It's that they have to have PP to pull it period.
PS - I don't think I answered the "how will you know part." Contact all three cra's and tell them that due to loss of employment you want your free copy. I believe that that is one of the reasons you can get one free from them - w/o having to be denied credit.
I work as a Licensed Private Investigator, and I know for a fact that there are some people who can pull a credit report without it resulting in a hard or soft inquiry. It won't show up at all, period. I believe they are in with someone at a bureau or all the bureau's. They advertise their service to other Insured Private Investigators. Not ethical, and NO I haven't had them do it. I just know it can be and is being done. It's hard to prove. What kind of job offer were you interested in doing with him in the first place?
Re: Can Client Pull CR w/o Perm Weird. When I pull my OWN CR it shows the soft pull, but you say that they can pull with no trace. That's just WRONG (but like you said tough to prove.) Shanyl: Hey,do let us know how you make out on the non-pp. I had AMEX pull (soft) and I've not had credit with them in about 15 years. This was also after I added myself to the DO NOT CONTACT registry at the bureas. This is a privacy issue.
Re: Can Client Pull CR w/o Perm I absolutely agree! In my instance, it's a credit union in a state that I haven't lived in for nearly 6 years. I'll certainly let you know, I gave them until the 14th of July to have the check in my hand. I also met with an attorney today and informed him that if I didn't have a check in hand on that date, he was to file suit. It's really great because this is something available to me at no cost through my DH's employer. If they choose to not take me seriously, I have a bigger gun in my pocket now. It IS about privacy. It is also about the law, I could find no where in the law where it stated that PP applies to only hard pulls. BTW - on a side note, the atty was VERY impressed with my newfound knowledge and the letters. He told me that there's nothing that I'm doing that he'd do differently - or that he could do to increase my success. THANK YOU CREDITNET!!!!
Re: Re: Can Client Pull CR w/o Permission? I did a proposal for public relations services as an outside consultant. I was receommended to them by a mutual friend/professional.
Re: Re: Can Client Pull CR w/o Permission? FCRA doesn't mention soft or hard pulls. It only says that inquiries of limited information to make offers of credit, or inquiries by the consumer, are not visible to others, but must be visible to the consumer. It also says that law enforcement (specifically FBI and counterterrorism agencies) may make inquiries that are not visible to the consumer.
Re: Can Client Pull CR w/o Perm Well... There could be a permissible purpose... It depends on the structure of the client relationship... Was it a situation where you would be an independent contractor of the client? Allison Opinion http://www.ftc.gov/os/statutes/fcra/allison.htm That that type of a relationship could qualify as an employment purpose. There is also a possibility of 'business need' depending on the circumstances of the client relationship...
Re: Can Client Pull CR w/o Perm However wouldn't it still require authorization to pull? When you fill out an employment app and sign it, there is a clause that says you authorize them to pull the CR. So wouldn't that be needed?
Re: Can Client Pull CR w/o Perm Yep, but the question is whether or not there was a permissible purpose. The answer would be to read the fine print of anything which you may have been given by the person who was the potential client. Then this could tie in with my CRA Disclosure without PP situation, where the company thinks that they can play 20 Questions with a CRA, and not be obtaining a consumer report.
Re: Re: Can Client Pull CR w/o Perm I was given nothing in writing. I met with him and then emailed him a proposal. That's it.
Re: Re: Re: Can Client Pull CR w/o Perm In a letter to me yesterday from TU it states: "A CRA may not giveout information about you to your employer, or prospective employer, without your written consent. A CRA may not report medical information about you to creditors, insurers, or employers without your permission."
Re: Re: Can Client Pull CR w/o Perm Thank you for this -- it appears that this prospective client is governed by the FCRA rules. I am an "independent contractor" by their definition...But, this prospective client took a "peek" as it were at my CR without any record of it. So, it's impossible to prove. Why is this allowed? It's such an invasion of privacy and an abuse of power since this guy has access to anyone's info. In fact, while he was telling me about his product/service offerings, he mentioned that within minutes, he could get a complete file on me comparable to a CIA check.And, I believe, that's exactly what he did. I have nothing to hide other than a dismal CR right now. (Up until 2 years ago my DH and I had 790 FICO scores. But, that quickly changes with 2 unemployments...) It's the principle of it. He should have to play by the rules...
Re: Can Client Pull CR w/o Perm Susanna - in writing your reply, I think you missed my reply to this. It answers your question just a few above this.
Re: Can Client Pull CR w/o Perm So, Shanyl and jam, if I can't prove it, I can't do anything about it. Right?
