There are questions as to whether some pretexting attempts are legal or not. In 2005, the Federal Trade Commission of the US gave some meaningful insights into the illegality of the practice. In its statements:
- Pretexting involves the obtaining of sensitive information from customers or institutions using fraudulent and deceptive ways and is therefore illegal
- To verify information obtained about a target from another institution is still deemed as pretexting and therefore illegal
- The acquisition of phone records about a user from another institution is also pretexting and thus illegal
In its legal understanding, the FTC clarified that:
- It is wrong and illegal for one to fraudulently or deceptively acquire information about a target either directly from a customer or from an institution that has information about a customer
- It is illegal for one...
