On January 12, 2007, I contacted Advanta regarding getting a loan for my business based on an advertisement in Builder Magazine.
When I spoke with the rep about the application, I explained very adamantly that I did not want my personal credit to be run. The rep said that this would not be problem and took my EIN. I know this to true because Advanta is only able to look up the application by my EIN number (141-88-9095) not my social security number. He then advised me that he would need my name and date of birth for the Patriot Act which I gave him.
A few days later I was alerted to an inquiry on my credit by TrueCredit placed by Advanta. I called and spoke with Angela Tate (employee ID AT2) and advised her of the situation. I stated that she could listen to the tape and hear that I had advised the rep that I did not want my personal credit to be run. She said she would do that and get back to me.
She called me back and said that a supervisor had listened and said that I had said it was ok. I advised her that I would like to hear the tape as I knew that I did not say that. She told me she would get back to me regarding my hearing the tape.
After a few days I heard nothing so I called again looking for Ms. Tate. The supervisor I got advised that she didn’t have to let me listen to the tape and the inquiry was staying. My feeling on the tape is that if Advanta has nothing to hide, they should let me hear the tape.
I received a letter from Advanta that specifically states that I did not give my social security number. If I had no problem with Advanta running my personal credit, would I not have just given you my social security number? Instead I did not give it to Advanta and they had to go around the back end to search me out with my name and date of birth.
This inquiry was made under pretenses and according to the FCRA § 616. Civil liability for willful noncompliance 15 U.S.C. § 1681n
'(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or 1,000, whichever is greater.'
From the 1998 FTC opinion letter Greenblatt at http:www.ftc.govosstatutesfcragreenblt.htm:
'Any person who procures a consumer report under false pretenses, or knowingly without a permissible purpose, is liable for 1000 or actual damages (whichever is greater) to both the consumer and to the consumer reporting agency from which the report is procured.'
