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An Arizona man says Cox Communications has been making unauthorized credit report inquiries in violation of federal law.
In a Cox class action lawsuit filed on Wednesday, plaintiff Amichai Bergman alleges the cable TV and internet provider has been pulling credit reports on persons who only inquire about service without actually purchasing service.
Bergman says that in July 2016, he called Cox to inquire about services and pricing. He didn’t agree to purchase any services that day, he says. He also claims the Cox representative he spoke to did not tell him Cox would pull his credit report, nor was he given any reason to think his report would be pulled.
The next day, he claims, he got a notice that Cox had made a hard inquiry on his credit reports from Equifax, Experian and TransUnion.
A “hard inquiry” occurs when a prospective creditor requests a credit report for use in making a lending decision. Hard inquiries typically appear on the credit report for two years. This type of inquiry may lower the consumer’s credit score.
Bergman says he wrote Cox a letter saying the inquiry was not authorized, and he asked Cox to remove the inquiry from his report. Cox did nothing in response, he claims, leaving the hard inquiries on all three of his credit reports.
Other individuals have reported similar experiences, according to Bergman. He quotes one complaint submitted to an online consumer credit discussion forum by a person who says their report was pulled after speaking to a Cox salesperson. The customer says they never would have accepted the salesperson’s offer had they known Cox would do a hard pull of their credit report.
According to Bergman’s Cox class action lawsuit, these unauthorized hard inquiries violate the federal Fair Credit Reporting Act. The FCRA allows companies like Cox to solicit consumer credit reports only for a limited number of specific purposes.
None of those purposes applied to the inquiries Cox made, Bergman says. He argues that merely inquiring about available services does not give Cox the right to obtain a consumer’s credit reports.
Bergman proposes to represent two plaintiff Classes. The Impermissible Access Class would cover all U.S. residents whose consumer reports display an inquiry by Cox and for whom Cox has no record of an open account or a request to open an account. The Impermissible Use Class would cover all U.S. residents whose consumer reports Cox received and for whom Cox has records showing their report was reviewed.
He seeks a court injunction barring Cox from illegally pulling and using credit reports. He is asking the court to award statutory and punitive damages, court costs and attorneys’ fees, and any other relief the court deems warranted.
Bergman is represented by attorney John Prather.
The Cox Unauthorized Credit Report Check Class Action Lawsuit is Bergman v. Cox Communications Inc., Case No. 2:17-cv-04721, in the U.S. District Court for the District of Arizona.
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93 thoughts onCox Class Action Says Consumer Credit Reports Pulled Without Consent
It happen to me too At Wallmart Bell Road Scottsdale. A Cox Clerk without telling me anything, made an hard inquiry on my credit score.
I’m pissed off!!
Dish just did it to me 10 minutes ago. After they said no credit check on the page before. Put your credit card in a hold will be placed for 3 days for only 1$ then bam credit Karma alerts me for hard inquiry. All liars
please add me to the list
I just started using cox and they did a hard pull on my Credit without my permission. I was on the phone for hours getting transferred from service to service and the only answer i got was if i give them my social security number it authorizes them to do a hard pull without asking me. That doesn’t sound right to me.
I Just had a Hard Equifax pull, with no Authorization. This needs to be resolved, please add me to the list.
Hello I am so upset! I’m am sitting here with a Cox unused device and a letter received tonight 07/10/22 stating that I allowed the credit check and I am considered a risk and must place a deposit!! Liars! I applied online for the low income service which states no deposit no credit check. I was first told $0 down $0 installation $0 deposit. $30.08 monthly. I had opted for professional installation. The next day emails appear that I had changed my order and they would be sending an easy hook up for me. What? I was on the phone losing my mind then another email claiming my tracking number…then another email saying my bill is $80.08 a month! I am beside myself I keep saying who did this to me? I did not consent to any of this. Please add me my credit is trashed with the hard inquiry I have no internet still and tomorrow I guess I have to go in person. I’m have been on the phone neighbor band I for hrs frustrated. Please I want them to take it off and take their equipment.
Please add me. I am a victim as well.
Add me on as well. They pulled my Equifax when I ordered HomeLife with Cox.
Please add me to the list as well! I had no idea they pulled my score until I checked it. I was wondering why my credit had dropped. I also tried to dispute their false advertising on a product I had purchased and dropped it, but this was DEFINITELY never discussed anywhere. Or seems warranted for them to even have a hard pull on your credit for any reason!!
On my credit report there are 3 cox cable inquiries?
When I moved into home Sept 2017, I applied for cox cable and got it, but why did they inquire again and again?
Same happened to me with Cox. Irritated.
Please add me to the list on the Cox Cable suit.