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

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US-FCRA-02
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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 Red Flags Rule (RFR) is a set of United States federal regulations that require certain businesses and organizations to develop and implement documented plans to protect consumers from identity theft.A creditor is any business or organization that regularly provides goods or services and bill customers later.

When verifying the identity of the person who is opening a new account, reasonable procedures may include getting a name, address, and identification number and, for in-person verification, checking a current government-issued identification card, like a driver's license or passport.

The Fair and Accurate Credit Transaction Act (FACTA) is an amendment to the Fair Credit Reporting Act (FCRA) and includes the Red Flags Rule, implemented in 2008. The Red Flags Rule calls for financial institutions and creditors to implement red flags to detect and prevent against identity theft.

Red Flag Requirements Initial Risk Assessment Policies and Procedures Manual Train Staff on Program Implementation New Account Authentication. (All consumer accounts) Validate Change of Address Requests. (All consumer accounts) Anti-Phishing Program Identity Theft Protection. (All consumer accounts)

1 The Red Flags Rule was issued in 2007 under Section 114 of the Fair and Accurate Credit Transaction Act of 2003 (FACT Act), Pub. L. 108-159, amending the Fair Credit Reporting Act (FCRA), 15 U.S.C. ' 1681m(e).

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