Maine How-To Guide for Fighting Fraud and Identity Theft With the FCRA and FACTA Red Flags Rule

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Multi-State
Control #:
US-FCRA-01
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PDF
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Description

This guide provides an overview of the Fair Credit and Reporting Act Red Flags rule and gives step-by-step guidance on how businesses may develop a program to comply with the law's requirements. Links to additional resources for developing an Identity Theft Prevention Program are included.


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FAQ

The Red Flags Rule requires specified firms to create a written Identity Theft Prevention Program (ITPP) designed to identify, detect and respond to ?red flags??patterns, practices or specific activities?that could indicate identity theft.

Appear to be forged or altered; Personal identifying information (i.e., photograph, physical description) on the identification does not match the individual presenting the information; Address or name does not match the information on the identification and/or insurance card(s), credit card(s), etc.

The Red Flags Rule seeks to prevent identity theft, too, by ensuring that your business or organization is on the lookout for the signs that a crook is using someone else's information, typically to get products or services from you without paying for them.

For example, the address does not match the address on the consumer report; or the Social Security number has not been issued or is listed on the Social Security Administration's Death Master File. Personal identifying information provided is not consistent with other information provided by the customer.

The Red Flags Rule seeks to prevent identity theft, too, by ensuring that your business or organization is on the lookout for the signs that a crook is using someone else's information, typically to get products or services from you without paying for them.

The Fair Credit Reporting Act (FCRA) spells out rights for victims of identity theft, as well as responsibilities for businesses. Identity theft victims are entitled to ask businesses for a copy of transaction records ? such as applications for credit ? relating to the theft of their identity.

The "Red Flags" Rule, 16 C.F.R. § 681.2, requires "creditors" and "financial institutions" to develop written plans to prevent and detect identity theft.

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Maine How-To Guide for Fighting Fraud and Identity Theft With the FCRA and FACTA Red Flags Rule