OK , here goes. I justed posted on another thread about how i recently opened a checking account with BankOne and upon being approved for the account, I was asked repeatedly by the personal banker who helped me open the account to apply for their credit card. I indicated to her that I would have to think about it and left it at that. Well a few days ago I get a denial letter from them for a card I never applied for????? So I called back today and spoke with the same lady, she was very apologetic and told me that because I have a large amount of money on deposit and that I was a former customer in good standing I was pre approved for the card. and once the application got to the home office something on my report must have triggered a denial????? BUT the denial letter I got was for a HARD INQUIRY!!!!!!. Anyway she offered my a $30 visa gift card for my trouble....should I consider suing for this? It really pisses me off that they took the liberty to apply for a card without my permission. Thanks
That is outrageous. I would call her back and demand she have the hard inquiry removed. Inform her that her $30.00 gift card pales in comparison to what you will sue for if they do not comply. -Peace, Dave
People like her & retail clerks get a bonus for getting people to sign up for their credit cards. Do tell her in no uncertain terms that you intend to sue unless they remove the INQ ASAP. And make it $50 for your trouble
Me thinks something fishy here. I think she was seeing how you would go for anapplication being put in with out your permission. When you did not get outraged when she asked about the credit card application she went for it. I asked a former bank rep she said this is what "some" reps and banks do. Where is my door prize?
I would sue and not stop for anything else. Print out the FCRA where it states that and threaten that they must remove the hard inquiry immediately and if it is not done in 30 days, then sue. Easy win..
So if i do sue what section of the FCRA do i use and how much can i sue for....isin't it funny how if one of us applied for credit in someone else's name we would go to jail THEY OFFER ME 30 BUCKS LOL
The part in the FCRA where it states that only permissible purposes may be done on your credit report. I don't have the FCRA handy.. but it is in there. I would sue for defamation, negligence at least a few thousand.. I'm sure Marie could come up with more specifics!
§ 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b] (a) In general. Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other: (1) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury. (2) In accordance with the written instructions of the consumer to whom it relates. (3) To a person which it has reason to believe (A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or (B) intends to use the information for employment purposes; or (C) intends to use the information in connection with the underwriting of insurance involving the consumer; or (D) intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or (E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or (F) otherwise has a legitimate business need for the information (i) in connection with a business transaction that is initiated by the consumer; or (ii) to review an account to determine whether the consumer continues to meet the terms of the account.
Check out subsection (b)...Civil liability for knowing noncompliance. § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or (B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater; (2) such amount of punitive damages as the court may allow; and (3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. (b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.
