Friday, November 6, 2009

Can I report a mortgage company to the FTC for an inquiry for a credit report on me without my knowledge?

I had an alert message on my credit monitoring and found out the name and city and phone number for the mortgage company. And do I have to file a police report first in order to report it.

Can I report a mortgage company to the FTC for an inquiry for a credit report on me without my knowledge?
Before you start calling the cops....





What was the reason the mortgage company pulled your credit report? Was there any contact with them prior to them pulling it? If there was an implied interest in getting a loan, they could pull your report.





If you have never called or done business with them, you would have a case. But your next problem is getting the police to do anything about it. I'm betting you will be lucky just to get a police report taken, and they certainly are not going to waste any effort to prosecute for it.





Your best option would be to file a civil suit under Section 616 of the FCRA for $1000. Even still, you need to be able to prove that they pulled your credit report knowing they did not have a permissible purpose to have it.
Reply:Before you call the cops... the mortgage company did not just pull your credit for the heck of it. Either YOU applied for something, or someone else did using your name... or you do business with them or a subsidiary of them.





So if someone is trying to steal your identity, you need to put a fraud alert on your credit report.





It also could be a cold hit, because they want to extend an offer of credit to you... they do not get all information, only certain info... which is perfectly legal. If you dont want them doing this, you need to call the credit bureaus and tell them you dont want credit offers.





It costs them a lot of money to pull a credit report... they dont just do it for the hell of it.
Reply:First, is the mortgage company your mortgage company through whom you have a current loan? If so, I would give them a call and ask why they are pulling your credit without your knowledge. They might have improperly coded an AR, or Account Review, as a "hard inquiry" when it should be a "soft inquiry".





If you are certain you never applied for a mortgage or a loan of any sort through them, then you might well have a case for a FCRA violation. $1,000 plus attorney's fees plus punitive damages for willfull non-compliance, if you can show that.





Calling the cops ain't gonna accomplish anything. The can take a report if you believe you're a victim of ID theft.
Reply:Before you go reporting, what kind of report did they request? And, why?





There about a million legitimate reasons why a mortgage company could pull your report. Have you inquired about refinancing? Is your current mortgage servicer planning on selling your mortgage? Is this company your current mortgage company?





Seriously, I do not see any reason to panic.


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