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

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

In addition, we considered Red Flags from the following five categories (and the 26 numbered examples under them) from Supplement A to Appendix A of the FTC's Red Flags Rule, as they fit our situation: 1) alerts, notifications or warnings from a credit reporting agency; 2) suspicious documents; 3) suspicious personal ...

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 applies to any customer account used for personal, family, or household purposes and allows or involves multiple transactions. Examples of covered accounts governed by the Red Flags Rule include clinic patient accounts, checking or savings accounts, and mortgage loans.

Purpose. A Red Flag is a pattern, practice, or specific activity that indicates the possible existence of identity theft. Red Flag regulations require health care entities to have a written Identity Theft Prevention Program designed to detect, prevent, and mitigate identity theft.

The Five Categories of Red Flags Warnings, alerts, alarms or notifications from a consumer reporting agency. Suspicious documents. Unusual use of, or suspicious activity related to, a covered account. Suspicious personally identifying information, such as a suspicious inconsistency with a last name or address.

The Red Flags Rules require financial institutions and creditors that offer or maintain ?covered accounts? to have policies and procedures to identify patterns, practices, or activities that indicate the possible existence of identity theft, to detect whether identity theft may be occurring in connection with the ...

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 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.

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