The FTC interpretation of the GLB lists two exemptions:
a. To protect against or prevent actual fraud, unauthorized transactions, claims or other liability.
b. For required institutional risk control or for resolving consumer disputes or inquiries.
Our vendor for the source 2 and source 3 products has informed us that, in it's opinion, the following activities are allowable under a. above:
1. Witness and Victim Locating
2. Product Recalls
3. Apprehending Criminals
4. Locating Fraud Victims
5. Locating Former Employees
6. Insurance Claims Investigations
If your attorney agrees with this interpretation, you may continue to access these searches.
Prior to allowing your access, we must have the following form, filled
out completely, notarized, and the original in our office. Please do
not fax the document to us, it will not speed your access. You may get
this form online at:
http://OnlineSearches.com/glb.pdf .
This form
requires the use of the free Adobe Acrobat Reader. If you do not have
the Acrobat Reader installed you may download it for free at:
http://www.adobe.com/products/acrobat/readstep2.html
You may also contact us to have the document faxed to you.
Be aware that one section of the GLB Subscriber Agreement includes the following verbiage:
If Subscriber willfully and knowingly obtains information for an improper purpose or without the proper consent under the GLB or any other applicable law, or uses the report improperly, Subscriber agrees that such are material breaches of the Agreement and such a breach may result in immediate termination of this Agreement and access. Subscriber further agrees that such an act would cause NWLS and its header suppliers irreparable harm and that damages are not readily determinable and agrees to pay NWLS the sum of $100,000 as liquidated damages for such breach.
The reason this section is included in this agreement is that our agreement with the header vendor includes the same section. It is very important for us, as a provider of credit headers to industries that the credit bureaus would prefer to not service, to do everything in its power to ensure that credit headers are used properly and within the guidelines of all applicable law and the guidelines of this agreement.
Please do not abuse this access.
NOTE: Please do not ask us to provide legal advice regarding the GLB or this agreement. We have done the best that we can to continue access to the SSN trace products and we are unable to provide further clarification.
Note also that our Source 1 SSN trace, Ident , and Source 5 searches are not affected by the GLB and may be run without executing this document.
Regards,
Nathan Kellogg
http://OnlineSearches.com