Wrongful Credit Inquiries & Your FCRA Rights | Petroff Amshen

Written by Serge F. Petroff | Aug 18, 2026, 1:37:48 PM

Can Inquiries Affect Your Credit Score?

Yes, but only some of them. A hard inquiry, which is tied to a credit application, can lower a score by a few points for a limited time. A soft inquiry does not affect a score. The real issue arises when an inquiry is reported incorrectly: when a soft inquiry is recorded as a hard one, or when a hard inquiry appears that was never authorized.

What is a soft credit inquiry?

A soft inquiry happens when you or an authorized party views your credit for a non-lending purpose. Common examples include:

  • Checking your own credit score through a monitoring app.
  • A card issuer reviewing your report to offer a preapproved deal.
  • A background check by a potential employer.
  • A routine review of an existing account.

Soft inquiries are informational and do not affect a credit score. When one is recorded as a hard inquiry, however, the result can be an unjustified score reduction.

What is a hard credit inquiry?

A hard inquiry is tied to a credit application. Lenders run them when a consumer applies for credit cards, auto loans, mortgages, personal loans, private student loans, or credit line increases. A hard inquiry can affect a score by a few points. It remains visible on a report for up to two years, but generally affects the score for about one year.

Problems arise when a hard inquiry appears without the consumer's knowledge or consent, for example when a hard pull is recorded although no application was made, or when identity theft produces multiple unauthorized inquiries.

When is a credit inquiry wrongly reported?

Wrongful reporting of inquiries takes two common forms: a soft inquiry mislabeled as a hard one, and a hard inquiry that appears without authorization. Either can lower a score, lead to a credit denial, or signal a deeper problem such as identity theft. A credit report entry must be accurate, timely, and authorized; when it is not, it may be grounds for a dispute.

What are your rights under the FCRA?

The Fair Credit Reporting Act gives a consumer the right to dispute inaccurate or unauthorized information, including credit inquiries. When a consumer files a dispute, the law sets a reinvestigation process, generally within 30 days, and requires that information that cannot be verified be corrected or removed. New York consumers may also have rights under the New York Fair Credit Reporting Act (General Business Law Article 25).

How Petroff Amshen Helps

Under the FCRA, the consumer files the initial dispute. Where the law is then violated, for example when a verified error is not corrected or an unauthorized inquiry remains, Petroff Amshen LLP takes legal action. The firm reviews the credit file, evaluates the prior dispute, and pursues claims in state and federal courts where the Fair Credit Reporting Act has been violated. This is not credit repair. Petroff Amshen LLP is a New York law firm that litigates FCRA claims.

“Our role is to make sure people understand what is on their credit report and what the law allows when an inquiry is reported wrongly. When a dispute does not fix it, that is where we act.”

Serge F. Petroff, Founding Partner, Petroff Amshen LLP

Frequently Asked Questions

Do credit inquiries affect your credit score?
Hard inquiries can lower a score by a few points for a limited time. Soft inquiries do not affect a score. A score can drop unfairly when a soft inquiry is recorded as a hard one.
What is the difference between a hard and a soft inquiry?
A hard inquiry is tied to a credit application and can affect a score. A soft inquiry is for non-lending purposes, such as checking your own credit, and does not affect a score.
How long does a hard inquiry stay on a credit report?
A hard inquiry generally remains visible for up to two years, but typically affects the score for about one year.
Can I dispute an unauthorized credit inquiry?
Yes. Under the Fair Credit Reporting Act, a consumer can dispute an inaccurate or unauthorized inquiry. The agency is generally required to reinvestigate within 30 days.
What if a soft inquiry was reported as a hard inquiry?
A misreported inquiry may be grounds for a dispute under the FCRA. If it is not corrected after a dispute, it may be a violation of the law, and legal action may be appropriate.
Know Your Legal Options.
Petroff Amshen LLP represents New York consumers in Fair Credit Reporting Act matters in state and federal courts.

Authoritative sources: 15 U.S.C. § 1681 (FCRA) · AnnualCreditReport.com