604(b)(3)(B) of the FCRA states that the guidelines for applications taken via the telephone, mail, or computer only apply to the Secretary of Transportation. Am I reading this wrong? Can a private employer not follow the same provisions if the application is not received via a person to person interaction?

A private employer needs written authorization.

So how does it work if the application is filled out via the internet? I know that several large banks have everything posted online and there is no written (in terms of a wet signature) authorization. Could/does E-Sign apply to this rule?

Most banks don't run credit reports until they think they are going to hire a person. I doubt that you would go that far without a face-to-face. But I guess it would be possible through a digital signature, but you would have to review State law for that.

Thanks rlcarey. I will review state law.

I appreciate your help!