Consent to hard credit pull or tricked? (MBNA)
My sister has a card with MBNA (TD?) for the last two years. In March 2019, she called customer service and requested a credit limit increase so she can complete a large balance transfer. The CS rep on the phone transferred her to the credit department, which then went through the formal process of a financial update, as well as asking for consent to pull her credit report (hard pull) to see if she was eligible. She was, and she received her credit increase. Everything up to this point was fine.
In May, 2019, less than 3 months later, she received an email from MBNA saying she was "pre-approved" for MBNA's gold card. See photos attached. The idea of having a low interest card to go along with the higher interest balance transfer card made sense. The email had the title " you’re pre-approved††† for the MBNA® True Line® Gold Mastercard® credit card. The ††† terms are displayed in the photo. She clicked to proceed, which took her to the information page of the card. She then entered all of her information and submitted.
She was under the impression since she submitted her credit score less than 90 days ago, the credit team may have recommended a product based on her solid credit, and thus pre-approved her for the card. We get a few pre-approvals lately, since we have a gotten our mortgage and every pre-approval we have had (line of credit, credit increases, new cards) have never resulted in a hard credit pull.
She said she thought it was weird that the web page she was directed to was asking for information like her income and social insurance number, but she submitted it anyways once she verified the website was legitimate. However, she felt after the application that something might be wrong, so she called MBNA and asked if the pre-approval was legit. They advised the email was indeed sent by their marketing team, and that the information is requested so they can pull her credit score. She was upset because it was not clear that this would be done (legal document that one consents to is attached to the bottom of this post). She explained that she did not want to do a hard credit pull and that she wants to cancel the application. Note this call was made about 5 minutes after she went through the email link and completed the process.
The customer care rep basically tried to explain that credit pulls are necessary, and that they call these pre-approvals but nothing is actually pre-approved. In fact, it was odd because the email clearly says You're pre‑approved††† if your application is received by July 15, 2019!. She asked what does this mean then, if she does not accept the offer by July 15, since the card she was offered has the exact same terms (name, fees, interest rates, etc.) as the same named card anyone can get online. The rep could not explain what actually expires July 15, and said its likely just a marketing thing to get people to apply right away. She was very upset and said the email was framed to make her think she was already approved, and that it was not made clear to her there would be a pull. The rep advised that at this point there was no pull done, and there probably would not be. She asked kindly to cancel the application and not to proceed with a credit pull.
However, soon after the phone call, she received an email from her trans union credit monitoring which said a hard pull was done by MBNA. The pull was done only 70 days after the initial pull.
The issues is this:
The email was framed to be a pre approval, when it was not actually pre-approved. It even stated the pre-approval would not be valid after July 15, but the rep said that was not true, and based on that anyone can get the card at the same terms and conditions, with everyone needed a hard credit pull, and thus voiding the actual term of pre-approval.
to consider initiating and to initiate, open, monitor, maintain, service, process, analyze, audit and
collect any Account you may have with us, including disclosing or exchanging Personal Information
with credit reporting agencies, credit bureaus, other financial institutions, service providers,
affiliates, agents, other third parties, and/or any other person, corporation, firm or enterprise with
whom you have or propose to have a relationship and to use other third party databases (including
registries and licensing authorities) or references provided by you to obtain or verify information
about your financial circumstances, your background or to identify you; to develop our relationship
with you; to offer products and services; to collect a debt; and to analyze and manage our business
b) including evaluating the needs, wants, and satisfaction levels of our customers;
to administer services, evaluate your credit eligibility, and monitor (i) your purchases, (ii) your
Account balances, (iii) your fees, (iv) your payment history, (v) parties to transactions, (vi) your
(rest of terms : https://apply.mbna.ca/applicationform/v ... cale=en_CA)
Because she feels like she was tricked into completing a new application under the guise of a pre approval, she is asking Trans Union and MBNA to remove the inquiry.
What are your thoughts? Does she have a case here?
Edit here is image