FCRA: § 603. Definitions; rules of construction [15 U.S.C. § 1681a] (g) The term "file," when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. So in the definition of file we see that inquiries would be included. period. it doesn't exclude them.
§ 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b] (c) Furnishing reports in connection with credit or insurance transactions that are not initiated by the consumer. (1) In general. A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph (A) or (C) of subsection (a)(3) in connection with any credit or insurance transaction that is not initiated by the consumer only if (A) the consumer authorizes the agency to provide such report to such person; or (B) (i) the transaction consists of a firm offer of credit or insurance; (ii) the consumer reporting agency has complied with subsection (e); and (iii) there is not in effect an election by the consumer, made in accordance with subsection (e), to have the consumer's name and address excluded from lists of names provided by the agency pursuant to this paragraph. (2) Limits on information received under paragraph (1)(B). A person may receive pursuant to paragraph (1)(B) only (A) the name and address of a consumer; (B) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer; and (C) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity. (3) Information regarding inquiries. Except as provided in section 609(a)(5) [§ 1681g], a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction THAT IS NOT INITIATED BY THE CONSUMER. So I'd say if you didn't initiate it, it doesn't belong there. period. and I'd also contend that most prm inquiries do NOT result in FIRM offers of credit hence those inquiries should also be removed when challenged.
I still fail to find in the FCRA how the CRA's have determined that they have a permissable purpose simply because the creditor says they want the information I only copied the items in the FCRA that apply to new offers of credit as these seem to be the majority of the inquiries I want deleted - § 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: "(2) In accordance with the written instructions of the consumer to whom it relates." - YOU DON'T HAVE MY APPLICATION- THERE ARE NO WRITTEN INSTRUCTIONS FROM ME! (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; (THE KEY HERE - THE CRA MUST HAVE "REASON TO BELIEVE" THAT THERE IS A PENDING CREDIT TRANSACTION BETWEEN MYSELF AND THE CREDITOR REQUESTING - WHAT EVIDENCE CAN THEY SHOW ME GIVES THEM "REASON TO BELIEVE"???) (F) otherwise has a legitimate business need for the information - (AGAIN, I WANT EVIDENCE OF THE CRA'S "REASON TO BELIEVE") I am at one point going to pursue inquiries on this basis, now I am focusing on deletion of negatives etc. It seems to my layman's point of view the CRA should have the burden of proof as to why they had "reason to believe" and cannot provide it. If a Prime lender has received a copy of my credit profile when I have a score in the 400's the CRA can not have a legitimate "reason to believe" I am going to be extended credit or that the company has a legitimate business need - my credit sucks so why would there be a need.
