Virgin Islands Notice of Increase in Charge for Credit or Insurance Based on Information Received From Consumer Reporting Agency

State:
Multi-State
Control #:
US-01410BG
Format:
Word; 
Rich Text
Instant download

Description

Under the Fair Credit Reporting Act, whenever credit or insurance for personal, family, or household purposes, or employment involving a consumer is denied, or the charge for such credit or insurance is increased, either wholly or partly because of information contained in a consumer report from a consumer reporting agency, the user of the consumer report must:


notify the consumer of the adverse action,


identify the consumer reporting agency making the report, and


notify the consumer of the consumer's right to obtain a free copy of a consumer report on the consumer from the consumer reporting agency and to dispute with the reporting agency the accuracy or completeness of any information in the consumer report furnished by the agency.

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FAQ

(1) ?Material conflict of interest? means a financial interest of the producer in the sale of an annuity that a reasonable person would expect to influence the impartiality of a recommendation. (2) ?Material conflict of interest? does not include cash compensation or non-cash compensation.

This requirement is designed to ensure consumers understand why a product is consistent with their particular financial needs, situation, and objectives. Agents and carriers are required to document, in writing, any recommendation and the justification for such recommendation.

Obtain a customer signed statement acknowledging that an annuity transaction is not recommended if a customer decides to enter into an annuity transaction that is not based on the insurance producer's or insurer's recommendation.

How long organizations have to disclose the breach: All affected individuals and the media (if applicable) must be notified without unreasonable delay but within 60 days of discovery of the breach. If fewer than 500 individuals were affected, the FTC must be notified within 60 days after the end of the calendar year.

Known records using FinCEN Form 101 (SAR-SF) and form TD F 90-22.47 (SAR-DI).

Recommendations and sales must effectively address the client's unique financial situation, insurance needs and financial objectives. Producers must meet specific "best interest" obligations regarding care, disclosure, conflict of interest and documentation.

California Insurance Code Sections 791 - 791.27, the Insurance Information and Privacy Protection Act (IIPPA), provide protections for one's personally identifiable information, which is generally provided to an agent, broker or insurance company in order to apply for insurance or submit a claim.

The disclosure obligation under subsection F of this section requires that before or at the time of the recommendation or sale of an annuity, the producer shall have a reasonable basis to believe the consumer has been informed of various features of the annuity, such as the potential surrender period and surrender ...

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Virgin Islands Notice of Increase in Charge for Credit or Insurance Based on Information Received From Consumer Reporting Agency