In a credit application there is a signature and binding contract. If I fill in false information knowingly, the intent is clear and written.

If you send me an unsolicited mailer with a microchip that tracks my eyes and face as I read it, you’ve already pushed too far. To then claim my using a robot to read it for me is fraud ignores the invasion of privacy you’ve already instituted without my express consent (digital ads are this).

It’s not fraud if it’s self-defense from corporate overreach.