Can I sue the folks at the Discover Card company?

[NightTrain]

About a month ago, I received an unsolicited credit card application from Discover Platinum. Both the envelope and the app were adorned with huge, colorful lettering that read, PRE-APPROVED! So I filled out the application and sent it back.

Today, I got a letter from Discover advising me that my application had been rejected because of a bankruptcy for which I had filed in 1996. That pisses me off for two reasons:

1. I was under the impression that a bankruptcy was only supposed to remain on your credit report for seven years. Unless I miss my guess, 1996 was eight years ago.

2. They sent me an application that I never asked for, marked it PRE-APPROVED, and then rejected it.

I wonder if I can sue them for false advertising or something in that vein? Perhaps I'll ring up the Office of the State Attorney General....

[Deja Q]

1. Go for it!

These bastards usually send out application forms, pre-approved or otherwise, a few months after bankruptcy has been filed. Heck, I'm not supposed to get credit card application forms because I'm using a debt consolidation service, but I still get them...

Given how they want to eradicate bankruptcy laws, which are harsh enough as they are... I'd sure as hell fight back.

If they said it was pre-approved, then they must follow through. Otherwise it is misadvertising and, unless the damned corporations changed the law on us, misadvertising is outright illegal.

[Tiberius]

2. read the fine print

It says "pre-approved if you meet our other credit standards". Lessons in doublespeak.

And bankruptcy is usually on your credit for ten years, not seven, unless it's Chapter 13.

My favorite is the credit card offers I get for a $500 credit limit with a $79 annual fee...

5. I've had that happen too- there's one benefit

at least you can get a free credit report out of the hassle

[boxster]

3. The seven years starts when the bankruptcy is discharged.

If it's been 7 years since it was discharged - not filed - then you can contact the various credit bureau agencies to have them remove it.

The credit industry has plenty of safeguards to protect them against lawsuits of this nature, so I'd suggest throwing it in the trash and moving on to something more worth your time. :)

[ronnykmarshall]

4. It's ten years.

My just dropped off in December. I filed in Dec 93.

[amazona]

6. they don't really mean pre-approved

It's just a marketing gimmick. You aren't really pre-approved. That's why they ask all those questions, like household income. They haven't really researched you yet. They've been using the "pre-approved" gimmick for 20 years so I think a lawsuit would be a waste of time. Everybody knows that junk mail exaggerates.

To hell with Discover. If they're that picky, they'll miss out on lots of good customers. Someone else will send you an offer that will be accepted. You're in a bad spot at the moment -- your bankruptcy is long ago enough that you could declare again. Credit card companies prefer people who have an income but more recently declared bankruptcy because they can't do it again for many years. But my friend declared bankruptcy twice and he still gets offers and some of them have been approved -- not all, of course, but he has enough credit cards to meet his needs.

[FloridaPat]

7. You have to work on the credit report to get your

bankruptcy removed. As for the pre-approval, it only means that anyone on a mailing list has been approved to be approved. Forget the lawsuit - it will cost you money. File a complaint with the attorney general of your state for false advertising. Free and gets good results.