Montana 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 Fair and Accurate Credit Transactions (FACT) Act (PDF) requires financial institutions with covered accounts to develop and implement a written identity theft prevention program designed to detect, prevent, and mitigate identity theft in connection with opening new accounts and operating existing accounts.

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.

Under the FCRA, you have the right to: Create an identity theft report. ... Place a 90-day initial fraud alert on your credit report. ... Place a seven-year extended fraud alert on your credit report. ... Get fraudulent information removed (or ?blocked?) from your credit report.

The Red Flags Rule calls for financial institutions and creditors to implement red flags to detect and prevent against identity theft. Institutions are required to have a written identity theft prevention program (ITPP) to govern their organization and protect their consumers.

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.

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.

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 Federal Trade Commission's Red Flag Rule requires many businesses and organizations to implement a written Identity Theft Prevention Program designed to detect the warning signs, or red flags, of identity theft in their day-to-day operations.

The Red Flags Rule requires that organizations have ?reasonable policies and procedures in place? to identify, detect and respond to identity theft ?red flags.? The definition of ?reasonable? will depend on your practice's specific circumstances or specific experience with medical identity theft as well as the degree ...

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