Handled by the lender of record, not the pre-qual layer.
The Checklist
Permissible purpose declared. Written instructions from the consumer is the standard purpose for consumer-initiated pre-qualification.
Consent language displayed at intake. Clear, plain-English, above the submit button — not buried in a linked policy.
Consent artifact stored. Timestamp, IP address, exact language shown, form field values.
Soft inquiry only. No hard pulls at pre-qualification stage — hard pulls are for underwriting decisions.
Decision linked to consent. Every stored verdict references the consent record.
Retention policy documented. How long consent and pull artifacts are kept, and how they're destroyed.
Adverse action pathway. When a lender downstream denies based on the report, the lender issues the adverse action notice — not the pre-qualification layer.
Vendor certification. Your pre-qualification vendor certifies FCRA-compliant data access.
Who Owns What
FCRA responsibility allocation
Obligation
Owner
Permissible purpose declaration
Pre-qualification customer (lender / agency)
Consent capture at intake
Form owner
Bureau data access
Pre-qualification vendor
Adverse action notice
Lender of record after hard-pull decision
Consumer dispute handling
Bureau + furnisher
Frequently Asked Questions
No. A DNQ verdict at pre-qualification is not a credit decision; it's a routing signal. Adverse action is owned by the lender after a formal hard-pull decision.
Industry standard is a minimum of 5 years post-inquiry, though state laws vary. Consult counsel for your specific footprint.
Yes. Modern bureau APIs establish permissible purpose with name, phone, email, and address. SSN is not required for a soft inquiry.
See it on your pipeline
Schedule a 30-minute demo and we'll map the pre-qualification layer to your current stack.