Legal Question in Credit and Debt Law in Alabama

Re: credit checks

This may fall under a impermissible purpose under the Fair Credit Reporting Act (FCRA) and your rights may have been violated by this insurance company if you did not authorize the credit review. Contact an attorney that specializes in the FCRA to review your claim.

Re: credit checks

James Patterson, who practices extensively with the Fair Credit Reporting Act, is right. If you did not give permission then it may very well be an "impermissalbe pull". Couple of things:

1. Was it a "hard" or "soft" inquiry - i.e. does it say on your credit report whether others can see the pull. Sometimes former creditors (or insurance companies) will do what is known as an account review that does not affect your credit score. Other times the credit pull does affect your score.

2. How many years ago did you do business with the insurance company? Some contracts with insurance companies and credit card companies supposedly give the company the right to pull your credit reports forever. The cases are somewhat divided on whether this is right or wrong but be aware this could be the insurance company's answer to you.

Remember to pull your reports for free - http://www.alabamaconsumerlawblog.com/2007/03/first_critical_step_to_correct.html

You can read some questions and answers about the FCRA that we are often asked here - http://www.alabamaconsumer.com/CM/Custom/FAQs-about-Fair-Credit-Reporting.asp

If you have any questions, please feel free to contact James in the Mobile area or you can contact me in the Birmingham area.