It's not a "yes or no" question. It depends on the scenario.
If the non-customer is told there will be a soft pull but a hard is done, they can sue. But if the hard is disclosed upfront and then performed, they can't. Basic stuff.
If you are saying what I think you are for this second it is a yes or no.
No there is no distinction even for non existing customers.
In the case cited the issue is they made a misrepresentation that they would only do soft and has nothing to do with statute.
Is this what you are saying? Again yes or no. If you need to give an explanation do it after the yes or no please.