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What US Code section would pertain to a dispute where a bank provided a consumer with inaccurate information which caused...

Minneapolis, MN |

the consumer's credit score to decline? There was no Truth in Lending Act violation, just incorrect information provided by the bank regarding credit inquiries.

Attorney Answers 3

Posted

I am not sure I follow your question, but I'll give it a shot. If your credit score was decreased by something the bank did, I am presuming you mean they accessed your credit report (creating an inquiry on your credit report) without a proper reason to do so. If this is what you mean, it may be an impermissible purposed in violated of a federal law called the Fair Credit Reporting Act (the FCRA). Here is a link to information regarding what constitutes a permissible purpose http://www.law.cornell.edu/uscode/text/15/1681b

If you believe the bank may have pulled your credit report without a permissible purpose, you should consult an experienced advocate in your area. Go to www.naca.net, which has an attorney locator feature to put you in touch with a seasoned attorney.

All the best to you.

NOTE: This Answer does not constitute legal advice. Every case is fact specific. To render a legal opinion, an attorney must engage in a consultation with a prospective client and review any pertinent documents. This communication does not create an attorney-client relationship with Attorney Amy L. Wells or WELLS LAW OFFICE, INC.

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Posted

What actually happened is that they told me that I could request a credit increase without it impacting my credit. This was incorrect, as they then made a hard inquiry on my credit report. Would this be a violation of FCRA, or perhaps something else?

Amy Lavonne Wells

Amy Lavonne Wells

Posted

I don't have a crystal ball, so I can't, of course, be sure what they will/would say or do, but based on experience I suspect they would deny having given you that false statement. I'm not suggesting they did not tell you that, but it's quite likely they would deny it and in my opinion it would be an uphill battle under any legal theory. Others may feel differently and you should consult with a legal advocate in your area for a second opinion if you like. Good luck to you, and have a nice holiday.

Posted

My colleague is correct. From the sounds of it, there may be a violation of the FCRA. As stated, see naca.net for a consumer protection attorney in your area that may be able to help. Many such attorneys, like myself, offer free consultations.

Adam W. Klotz
FREE CONSULTATIONS- 612.223.6767 ext. 3

The materials appearing on this website are provided for informational use only, and are in no way intended to constitute legal advice or the opinions of this attorney or affiliated law firm. Links that may appear on this site are intended solely for your convenience in identifying and accessing other sources of information.

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Posted

Yes these actions may have violated the Fair Credit Reporting Act

Contact one of my fellow attorneys that wisely commented on your dispute.

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