Correct!

Answer: C. Some state laws prohibit the inclusion of a waiver of liability on a disclosure and authorization form. For example, under Arizona law, an employer may not include a waiver of liability on a disclosure and authorization form. Ariz. Rev. Stat. 44-1693(D). Moreover, the Federal Trade Commission has stated in an opinion letter that a waiver is not authorized under the Fair Credit Reporting Act. (FTC Opinion Letter, June 12, 1998). Thus, the inclusion of a waiver on a disclosure and authorization form carries some risk that it will either not be enforceable, or destroys the disclosure being a form existing "solely" of the disclosure.

Which of the following call into question the permissibility of including a waiver of liability on a disclosure and authorization form?

A. Some state laws, such as Arizona
B. An opinion letter from the Federal Trade Commission
C. Both A and B
A. None of the above