Q. The store Motherhood Maternity signed me up for a credit card without my permission or knowledge. The request was denied and I only knew of this application when the letter from Barclays Bank arrived stating such. In fact, I’ve never even stepped foot in the store. My husband bought me some items there and I guess signed me up for a magazine or mailing list or something along those lines. I have had a hard time getting the inquiry removed, as the credit card company (Juniper/Barclays Bank) claims that they have informed TransUnion of the unauthorized application but TransUnion says they have yet to get the request. This debacle dates back to December 09. It is now May 2010. What are my rights, what can I do and is there enough merit for a lawsuit against any or all of these entities?
A. You have certain rights under the Fair Credit Reporting Act (FCRA) You need to dispute this inquiry yourself by sending a dispute letter detailing the event and why it was an unauthorized inquiry to Trans Union and any other of the credit reporting agencies (CRA), Equifax and Experian if they are reporting the inquiry as well. The CRA’s have 30 days to investigate and provide you the results of that investigation. If it is still reporting, you can dispute once again, (I usually advise my clients to do at least 2 disputes) and if the results still do not remove the inquiry, you can look at filing a lawsuit against the CRA who is still reporting it if the inquiry is causing you damages.