What to Do About an Unauthorized Hard Inquiry

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Fowkes & Hasanbasic attorneys who handle unauthorized credit inquiry cases in Florida

Short answer: If a hard inquiry appears on your credit report and you do not recognize it, first identify the company and determine why it accessed your report. A company does not always need separate written permission, but it must have a purpose allowed by the Fair Credit Reporting Act (FCRA). If no permissible purpose existed—or the inquiry resulted from identity theft—document the facts and dispute the inquiry.

Contents

What is a hard inquiry?

A hard inquiry, sometimes called a hard pull, usually occurs when a lender obtains a credit report while evaluating an application for a credit card, automobile loan, mortgage, refinancing, or another form of credit. Hard inquiries can affect credit scores and are generally visible to businesses that later obtain the report.

A soft inquiry is different. Account reviews, certain prescreening activity, requests for your own report, and some other reviews ordinarily do not affect credit scores and generally are not shown to other businesses in the same way.

Does a company need my permission to pull my credit?

Not in every situation. The FCRA permits access to a consumer report for specific purposes. Examples may include:

  • evaluating a credit application initiated by the consumer;
  • reviewing or collecting an existing account;
  • underwriting insurance involving the consumer;
  • certain tenant-screening, employment, licensing, or government-benefit purposes; and
  • acting under the consumer’s written instructions.

Some situations have additional consent requirements. Employment reports, for example, generally require written authorization. The critical issue in an unauthorized-inquiry case is often permissible purpose, not simply whether the consumer remembers checking a consent box.

Hard inquiry, soft inquiry, and impermissible access

TypeCommon exampleCredit-score effectPotential concern
Hard inquiryApplication for a loan or credit cardMay affect the scoreThe company had no permissible purpose or the application resulted from identity theft
Soft inquiryExisting-account review or prescreeningGenerally no score effectThe access was made for an unauthorized use rather than a purpose allowed by law
Consumer requestYou check your own reportNo score effectOrdinarily none

The label “hard” or “soft” does not by itself decide whether access was lawful. A soft inquiry can still raise a privacy question, and a hard inquiry can be permissible.

What should I do if I do not recognize a hard inquiry?

  1. Obtain the complete report. Review reports from Equifax, Experian, and TransUnion through AnnualCreditReport.com.
  2. Record the details. Save the company name, inquiry date, bureau, and any contact information shown on the report.
  3. Check recent transactions. A dealership may send one credit application to several lenders. A retail credit card may appear under the issuing bank’s name. A mortgage or refinancing inquiry may use an unfamiliar corporate name.
  4. Contact the company. Ask why it obtained the report, what application or account it relied upon, and what records establish its permissible purpose.
  5. Dispute inaccurate information. Send a focused dispute to the reporting bureau and identify the specific inquiry, why you believe it is improper, and the documents supporting your position.
  6. Preserve proof. Keep the report, letters, attachments, delivery records, dispute results, and all responses from the company.

What if the inquiry resulted from identity theft?

An unfamiliar inquiry may be an early warning that someone applied for credit using your information. Look for unfamiliar accounts, addresses, telephone numbers, and other inquiries. If you suspect identity theft:

  • report it through IdentityTheft.gov;
  • consider placing a fraud alert;
  • consider freezing your file separately with each nationwide bureau; and
  • follow the identity-theft recovery and blocking procedures.

Our separate guide explains how to remove identity-theft information from a credit report.

How should I dispute an unauthorized inquiry?

A useful dispute identifies the exact inquiry and explains the factual reason it is challenged. Avoid relying only on “I did not authorize this.” State, if true, that you did not apply for credit, had no account or transaction with the company, did not provide written instructions, or were the victim of identity theft. Ask the bureau to investigate the company’s claimed permissible purpose.

Send copies rather than originals. If you dispute by mail, use a delivery method you can document. If you submit online, save the entire submission and confirmation—not merely the result page. For general dispute guidance, see How to Dispute an Error on Your Credit Report.

How long does the investigation take?

A credit reporting company generally must investigate a credit-report dispute within 30 days. Certain circumstances can extend the period to 45 days, including when relevant additional information is submitted during the investigation. The bureau generally must notify the consumer of the results within five business days after completing its investigation.

When might an inquiry support an FCRA claim?

An FCRA case depends on more than the presence of an unfamiliar inquiry. Relevant questions include who obtained the report, whether a permissible purpose existed, what the consumer disputed, how the company and bureau responded, and what harm followed.

Legal review may be appropriate when:

  • a company obtained a report even though no application, account, written instruction, or other permissible purpose existed;
  • identity theft caused the inquiry and the supporting records were ignored;
  • the bureau continued reporting the inquiry after an inadequate investigation;
  • the company cannot identify the transaction it supposedly relied upon; or
  • the access or continued reporting caused a denial, worse credit terms, privacy harm, or other documented loss.

Learn more on our Florida unauthorized hard inquiry lawyer page and our FCRA lawsuit guide.

Frequently asked questions

Can I remove every hard inquiry that lowers my score?

No. A legitimate inquiry made for a permissible purpose generally cannot be removed simply because it affects a score. Disputes should focus on inaccurate, identity-theft-related, or impermissible inquiries.

Why are several auto-loan inquiries on my report?

An automobile dealership may submit a credit application to multiple lenders while seeking financing. The inquiries may therefore be connected to one transaction, even when the lender names are unfamiliar.

How long can a hard inquiry appear?

Hard inquiries generally remain on a credit report for two years, although their scoring effect may be shorter and varies by scoring model.

Does checking my own credit create a hard inquiry?

No. Requesting or monitoring your own credit report is a soft inquiry and does not lower your credit score.

Speak with a Florida FCRA lawyer

Fowkes & Hasanbasic represents consumers in FCRA matters involving credit reports obtained or reported without a lawful basis. Call (727) 500-1010 to discuss the circumstances and the records available.

Attorney Paul R. Fowkes of Fowkes and Hasanbasic

About the author: Paul R. Fowkes is a Florida attorney whose practice includes Fair Credit Reporting Act claims involving credit-report inaccuracies and impermissible access.

This article provides general information and is not legal advice. Results depend on the facts and law applicable to each matter.

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