Maricopa Arizona Guide to Complying with the Red Flags Rule under FCRA and FACTA

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Multi-State
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Maricopa
Control #:
US-FCRA-02
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PDF
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Description

This guide has two parts: Part A to help you determine whether your business or organization is at low risk, and Part B to help you design your written Identity Theft Prevention Program if your business is in the low risk category.


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FAQ

The SEC's identity theft red flags rules apply to SEC-regulated entities that qualify as financial institutions or creditors under FCRA and require those financial institutions and creditors that maintain covered accounts to adopt identity theft programs.

The Rules are enforced by the FTC and are part of the Fair Credit Reporting Act. 2 Businesses should determine if the Red Flags Rules, or FACTA, applies to them; and, if it does, take the required actions. The Red Flags Rules have been in effect since 2008, and practices are expected to be in compliance.

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 Red Flags Rule requires financial institutions and some creditors to conduct a periodic risk assessment to determine if they have covered accounts. The determination isn't based on the industry or sector, but rather on whether a business' activities fall within the relevant definitions.

These may include, for example, unusual account activity, fraud alerts on a consumer report, or attempted use of suspicious account application documents. The program must also describe appropriate responses that would prevent and mitigate the crime and detail a plan to update the program.

The Red Flags Rule requires financial institutions (and some other organizations) to establish and implement a written Identity Theft Prevention Program (ITPP) designed to detect, prevent and mitigate identity theft in connection with their covered accounts.

The Red Flags Rule requires specified firms to create a written Identity Theft Prevention Program (ITPP) designed to identify, detect and respond to red flagspatterns, practices or specific activitiesthat could indicate identity theft.

In 2003, Congress amended the Fair Credit Reporting Act (FCRA) to require the Federal Trade Commission (FTC) and certain other federal agencies (together, the Agencies) to jointly adopt identity theft red flags rules and guidelines.

The Red Flags Rule was created by the Federal Trade Commission (FTC), along with other government agencies such as the National Credit Union Administration (NCUA), to help prevent identity theft.

The Red Flags Rule requires that each "financial institution" or "creditor"which includes most securities firmsimplement 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

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Changes in the law occur on an on going basis. Theft" (Red Flags) that may occur in the day-to-day operation of the business.Documents are on file for public inspection in the Office of the.

1 Employee's compensation; wages; fringe benefits; and unemployment Insurance; 5.0.1 Employee's compensation — 50.00 per day; 100.

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Maricopa Arizona Guide to Complying with the Red Flags Rule under FCRA and FACTA