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THE RED FLAG RULES Presented by Lynn Hunt, M.B.A, CHC Compliance/Privacy Officer Introduction Fair and Accurate Transaction Act (FACT) Congress Federal Trade Commission and other agencies to develop
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These original regulations mandated the adoption of the Fair and Accurate Transaction Act (FACT) and the Comprehensive Identity Protection Act (CIA) by the Federal Trade Commission and many other agencies (1,2). FACT 1 Section 2 of the Fair and Accurate Transaction Act of 1977 (“FATWA”) requires each banking, savings and loan, and insurance company that operates in the United States, including domestic branches and offices; and each subsidiary, affiliate, or agency of a domestic banking, savings and loan, or insurance company, to collect information regarding its customers' account activities, including the account holder's name, address, telephone number, date of birth, Social Security number, or electronic signatures, and to report the information, along with any information concerning the account holder's activity that it receives from its customers in connection with the provision of services provided by the banking, savings and loan or insurance company, to an agency designated by the President to make available through the Internet a national listing of identity theft risk; and to use this national list to report (on a periodic basis) to the Identity Theft Resource Center (FTC) in TUCSON, Arizona, (3), a list of the Federal Trade Commission (FTC) Complaint Information, complaints regarding consumer fraud made against that bank, savings and loan, or insurance company. This national listing is referred to as the “ID Theft Resource Center” (ICT) database, which is maintained by the ICT by electronic means (e.g., an Internet Website, a database and/or a telephone or e-mail account), and also includes information on other consumer complaints made against the bank, savings and loan, or insurance company. The ICT (and the Consumer Financial Protection Bureau (“CFPB”)) of the Federal Reserve System (“CFPB”) in Washington, D.C.) has authority to monitor and require compliance with this provision.

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