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Identity Theft: Is It Just a FACTA Life?

The Fair and Accurate Credit Transactions Act (FACTA) is a federal consumer-rights law that is intended to lower the risk of identity theft by regulating the way companies handle consumer information.  Although passed in 2003, important implementating regulations have just begun to take effect.

 
FACTA now requires organizations to have an Identity Theft Prevention Program and to provide regular "red flag" training for employees who handle consumer data to allow them to --
 
  • Identify red flags that may arise and detect those red flags when they occur;
  • Respond appropriately to prevent and mitigate identity theft; and
  • Ensure that red flags are updated periodically to reflect changes in the methods of identity theft.
Although FACTA applies specifically to financial institutions and "creditors," that term is interpreted broadly.  It includes, in effect, all companies (regardless of size) that handle consumer information for a business purpose.  Thus, every company that handles consumer data should be alert for the red flags that apply to its business.
 

According to a recent survey, about half of consumers said they would switch the company they do business with for one that offered better protection against identity theft. Thus, by improving their ability to identify red flags -- and by knowing how to respond if any ared etected -- companies can serve their customers better, increase their customer base and play a valuable role in our government's efforts to limit identity theft.

Categories: Data Privacy & Security
Tags: FACTA

ACC Alliance PartnerProskauerWhite & Case