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

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Multi-State
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US-FCRA-01
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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 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.

A red flag is a pattern, practice, or activity that indicates a possibility of identity theft. These flags produce a three digit score (0-999) that calculates the customer's fraud risk through the credit report. A higher score indicates a lower risk of identity fraud.

The Red Flags Rule requires that each "financial institution" or "creditor"?which includes most securities firms?implement 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 ...

Institutions are required to have a written identity theft prevention program (ITPP) to govern their organization and protect their consumers. What's a red flag? The FTC defines a red flag as a pattern, practice or specific activity that indicates the possible existence of identity theft.

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 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.

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.

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