FCRA · §1681b·6 min·2026-04-22
Unauthorized Hard Inquiries: Your FCRA Claim
Every hard credit inquiry requires a "permissible purpose" under 15 U.S.C. §1681b. Anything pulled without your written authorization or a valid business reason is a §1681b(f) violation paying statutory damages.
The permissible purposes (exhaustive list)
- Court order or subpoena
- Written instructions of the consumer
- Application for credit, insurance, employment
- Legitimate business need in a transaction initiated by the consumer
- Child support determination
What counts as a violation
- Credit card pre-approval pulls without opt-in
- Employer background check without disclosure
- Collection agency investigating debts they never held
- Insurance company quoting without application
- Former creditor after account closure
Damages framework
- Negligent §1681o: actual damages + fees
- Willful §1681n: $100–$1,000 per inquiry + punitive
- Pattern inquiries (same pulls repeated) = willful under Safeco
- Each unauthorized pull = separate statutory count
Detection forensique
- Cross-reference inquiry dates vs application records
- Check for inquiries within 30 days of credit pulls by others
- Flag pulls by entities you never contacted
- Score: inquiries within same week suggesting broker sharing
15 U.S.C. §1681b(f) · §1681n · Safeco v. Burr