Unauthorized credit inquiry

Question

Long story short I never authorized a company to place a hard inquiry on my file. Equifax is being utter retards in this matter. what do i need to do to get this inquiry off my file. It was done less than a week ago. i have since at my own expense frozen all 3 so that it doesnt happen again but i should not have to do this. I did not sign anything i did not give permission they put it on and now equifax is telling me theres nothing i can do about it other than contact them. i have disputed already and its come back lost. i have that letter pdf'ed and the company name on the letter i have written a letter and posted as of last week without return stamp i fear next i may be sending that letter again with 6$ return green card then having to file small claims.  i called into this company and a guy who claims to be their cpa says he is willing to work with me and that he is sorry this has happened. he works for a place in Austin Tx , the company in the dispute return shows as a company in florida that went bacnkrupt in 2010 and laid off 175 people i googled the name and address. so i dont know how a company that doesnt exsist any more can stamp peoples credit without authorization but its been done. im not giving up on this im going to be anal as hell so dont try to tell me to just wait it out i have no desire to wait it out when i didnt cause it  please tell me what more can i do? do I need to file suit for small claims would that be easiest ? i intend  to also hit them on bbb and follow up with this CPA who claims he will do whatever to assist and help me remove it. my file is relatively clean and im trying to remove and wait out the ones i did . I plan and try to execute a schedule and this (Mod Cut) my schedule all up

Answer 1

If asserting lack of permissible purpose for a business transaction, you may wish ot review the following FTC staff opinion letter dated February 11, 1998 wherein they expressed their view of when a business obtaiins permissible purpose: "1. Section 604(a)(3)(F) permits CRAs to provide consumer reports to any party who has a "legitimate business need for the information in connection with a business transaction that is initiated by the consumer." You ask whether this provision allows a dealer to obtain a consumer report on a person who "comes to an automobile dealership and requests information" from a salesman about one or more automobiles. In our view it does not, because a request for general information about products and prices offered does not involve a business transaction initiated by the consumer. "More generally, you ask "when is the beginning of a business transaction" initiated by the consumer? In responding to this question, it is important to note that Section 604(a)(3)(F) limits this "business need" permissible purpose to transactions (i) that are "initiated" by the consumer and (ii) where the seller has a "legitimate business need" for the information. The staff's view is that an automobile dealer may obtain a report only in those circumstances in which the consumer clearly understands that he or she is initiating the purchase or lease of a vehicle and the seller has a legitimate business need for the consumer report information in order to complete the transaction. "For example, a consumer who asks a dealer questions about prices and financing is not necessarily indicating an intent to purchase or lease a vehicle from that particular dealer. Nor does the dealer have a "legitimate" business need for a consumer report in this situation. The consumer may simply be comparison shopping. In such a situation, the dealer must obtain written permission from the consumer before obtaining a consumer report. If the dealer would like to see a consumer's credit report before answering general questions about the availability of financing, this must be explained to the consumer and written permission must be obtained. In the same way, a request to "test drive" a vehicle does not indicate an intent to initiate the purchase or lease of the vehicle. Accordingly, if a consumer asks to test drive a vehicle, the dealer must obtain written permission from the consumer before obtaining a report. "Only in those circumstances where it is clear both to the consumer and to the dealer that the consumer is actually initiating the purchase or lease of a specific vehicle and, in addition, the dealer has a legitimate business need for consumer report information may the dealer obtain a report without written permission. In this regard, we note that obtaining information for negotiation purposes does not constitute a "legitimate" business need. The dealer must have a specific need for the information directly related to the completion of the transaction. For example, a dealer may obtain a report, if one is necessary, in order to arrange financing requested by the consumer.(1) The dealer may also obtain a report to check a consumer's creditworthiness when the consumer presents a personal check to pay for the vehicle. By contrast, a permissible purpose would not arise if a consumer intends to pay by cash.FCRA 819 specifies that a party who knowingly and willfully obtains information from a consumer reporting agency under false pretenses shall be fined under Title 18, United States Code, imprisoned for not more than 2 years, or both."