New York 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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  • Preview How-To Guide for Fighting Fraud and Identity Theft With the FCRA and FACTA Red Flags Rule
  • Preview How-To Guide for Fighting Fraud and Identity Theft With the FCRA and FACTA Red Flags Rule
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FAQ

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.

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 program has four elements: 1) Identify Relevant Red Flags. 2) Detect Red Flags. 3) Prevent and Mitigate Identity Theft. 4) Update Program.

IdentityTheft.gov is the federal government's one-stop resource for identity theft victims. The site provides streamlined checklists and sample letters to guide you through the recovery process. Visit ftc.gov/idtheft for prevention tips and free resources to share in your community.

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 Federal Trade Commission (FTC) has issued regulations (the Red Flags Rules) requiring institutions having covered accounts to develop and implement written identity theft prevention programs, as part of the Fair and Accurate Credit Transactions (FACT) Act of 2003.

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