I found this opinion letter of the FTC website. I am not that great at understanding all the "legal terms" so I was hoping to get some opinions on it. Here is the link for the letter: http://www.ftc.gov/os/statutes/fcra/zalenski.htm So are they saying in this letter that a mouse click on the yes button or apply button is proof of permissible purpose? I have several inquiries on my report that I did not make and was told someone applied via internet under my name. Do I have no recourse against them here??
Hi 24, Great question. This is one of the main reasons I need to update the "What Is Validation" thread. YES, clicking yes can constitute a PP. So can a telephone application. What decides this is that "the business operates in this manner as a normal, routine method of conducting business". Usually because no face to face meeting ever takes place. (1) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form . . .( One cannot proclaim a No PP solely because it was done electronically. However, this is predicated on the fact that it was YOU who "applied". If it wasn't you fight for a fraud determination and have it removed.
