@Anonymous wrote:
@Anonymous wrote:
@Brian_Earl_Spilner wrote:
Every card I've applied to recently has the option to receive it electronically. Just have to checkmark the box for it.
The Amex card we've applied for recently either did not offer this feature (SPG Biz, Gold Biz and Everyday), or can only be used with Hilton online reservation (Hilton Biz).
Online chat agent told me it varied from person to person. Not sure if it's true.
The Fair Credit Reporting Act was passed into law in 1970 and the Equal Credit Opportunity Act was passed in 1974. So both laws existed long before email, and they specify "a notification given to an applicant when adverse action is taken shall be in writing" which creditors interpret as a letter sent via U.S. Mail.
More recently, the Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) passed responsibility for the rule-making and enforcement of the two earlier acts to the Consumer Finance Protection Board. In turn, the CFPB published Regulation B which interprets and clarifies how they intend to enforce the requirements of the FCRA and ECOA. Regulation B expands the definition of "written notice" to include email as long as the applicant complies with E-signing requirements.
But typically creditors like American Express, for example, will still send an adverse notice by U.S. Mail even when also providing online access to the notice through their Status Check websites. Why do creditors still send adverse action notices by mail? A recent case like Archer-Gift v. Citigroup, Inc. is probably instructive.
Thank you for sharing this case. I agree that Citi mostly likely have mailed out the letters, however since first class mail has no tracking at all and does not require signature, it seems impossible for Archer to prove that she did not receive the mail.
