The FACTA Red Flags Rule: A Primer

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US-FCRA-08
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FAQ

The Fair and Accurate Credit Transaction Act (FACTA) is an amendment to the Fair Credit Reporting Act (FCRA) and includes the Red Flags Rule, implemented in 2008. The Red Flags Rule calls for financial institutions and creditors to implement red flags to detect and prevent against identity theft.

Red Flag Requirements Initial Risk Assessment Policies and Procedures Manual Train Staff on Program Implementation New Account Authentication. (All consumer accounts) Validate Change of Address Requests. (All consumer accounts) Anti-Phishing Program Identity Theft Protection. (All consumer accounts)

1) Identify Relevant Red Flags. 2) Detect Red Flags. 3) Prevent and Mitigate Identity Theft. 4) Update Program.

The Red Flags Rule requires organizations to implement a written identity theft prevention program to help them identify any of the relevant red flags that indicate identity theft in daily operations. The Rule also offers steps to help prevent the crime and to mitigate its damage.

The Red Flags Rule (RFR) is a set of United States federal regulations that require certain businesses and organizations to develop and implement documented plans to protect consumers from identity theft.A creditor is any business or organization that regularly provides goods or services and bill customers later.

The Red Flags Program helps organizations plan, develop, implement and administer an identity theft prevention program to ensure compliance.Red Flags present as suspicious patterns or specific practices that provide clues that there may be identity fraud activity.

1 The Red Flags Rule was issued in 2007 under Section 114 of the Fair and Accurate Credit Transaction Act of 2003 (FACT Act), Pub. L. 108-159, amending the Fair Credit Reporting Act (FCRA), 15 U.S.C. ' 1681m(e).

Red Flags Rule and Identity Theft Prevention Program The Red Flags Rule requires financial institutions (and some other organizations) to establish and implement a written Identity Theft Prevention Program (ITPP) designed to detect, prevent and mitigate identity theft in connection with their covered accounts.

The Red Flags Rule requires that each "financial institution" or "creditor"which includes most securities firmsimplement a written program to detect, prevent and mitigate identity theft in connection with the opening or maintenance of "covered accounts." These include consumer accounts that permit multiple payments

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The FACTA Red Flags Rule: A Primer