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FTC Extends Enforcement Deadline for Identity Theft Red Flags Rule

At the request of Members of Congress, the Federal Trade Commission is delaying enforcement of the “Red Flags” Rule until June 1, 2010, for financial institutions and creditors subject to enforcement by the FTC.

CAR DEALERS WILL HAVE UNTIL JUNE 1, 2010

TO MEET RED FLAG RULES COMPLIANCE
The Rule was promulgated under the Fair and Accurate Credit Transactions Act, in which Congress directed the Commission and other agencies to develop regulations requiring “creditors” and “financial institutions” to address the risk of identity theft. The resulting Red Flags Rule requires all such entities that have “covered accounts” to develop and implement written identity theft prevention programs to help identify, detect, and respond to patterns, practices, or specific activities – known as “red flags” – that could indicate identity theft.<br>

The Commission previously delayed the enforcement of the Rule for entities under its jurisdiction until November 1, 2009. The Commission staff has continued to provide guidance to entities within its jurisdiction, both through materials posted on the dedicated Red Flags Rule Web site (www.ftc.gov/redflagsrule), and in speeches and participation in seminars, conferences and other training events to numerous groups. The Commission also published a compliance guide for business, and created a template that enables low risk entities to create an identity theft program with an easy-to-use online form. FTC staff has published numerous general and industry-specific articles, released a video explaining the Rule, and continues to respond to inquiries from the public. To assist further with compliance, FTC staff has worked with a number of trade associations that have chosen to develop model policies or specialized guidance for their members.
On October 30, 2009, the U.S. District Court for the District of Columbia ruled that the FTC may not apply the Red Flags Rule to attorneys. Today’s announcement that the Commission will delay enforcement of the Rule until June 1, 2010, does not affect the separate timeline of that proceeding and any possible appeals. Nor does it affect other federal agencies’ ongoing enforcement for financial institutions and creditors subject to their oversight.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.
MEDIA CONTACT:
Office of Public Affairs
202-326-2180

http://www.ftc.gov/opa/2009/10/redflags.shtm
============================================<br>

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we make it simple for you ++ red flag rules consumer notice

Federal Trade Commission

• 600 Pennsylvania Avenue, N.W.
• Washington, DC  20580
• (202) 326-2222
• www.ftc.gov/

Federal Trade Commission Executives

• Thomas B Pahl [Assistant Director]
• Abraham R Liboff [Consultant]
• Anthony L. Young
• Charles A. Samuels
• Christina Poturica

Federal Trade

Commission

red flag rules

now set for

June 2010

Dallas Business Journal – by By Chad Eric Watt Staff Writer

cwatt@bizjournals.com | 214-706-7123

RED FLAG RULES FREE ONLINE TUTORIAL

What is the “Red Flags” Rule?

According to recent data from Javelin Research, nearly ten million Americans suffered from identity theft in 2008, a 22 percent increase over the previous year.  Because of growing concern with the problems identity theft causes both individual victims and businesses, as part of the Fair and Accurate Credit Transactions (FACT) Act of 2003 the Federal Trade Commission (FTC) issued the “Red Flags” Rule that requires many organizations to implement a written Identity Theft Prevention Program designed to detect the warning signs – or “red flags” – of identity theft, take steps to prevent identity theft, and mitigate the damage identity theft inflicts.

Who Must Comply with the Red Flags Rule on November 1?

Effective November 1, 2009, the Red Flags Rule will apply to “financial institutions” and “creditors” with “covered accounts.” According to the FTC website, under the Red Flags Rule:

• A financial institution is defined as a state or national bank, a state or federal savings and loan association, a mutual savings bank, a state or federal credit union, or any other entity that holds a “transaction account” belonging to a consumer. A transaction account is a deposit or other account from which the owner makes payments or transfers, and includes checking accounts, negotiable order of withdrawal accounts, and savings deposits subject to automatic transfers.
• A creditor is any entity that regularly extends, renews, or continues credit; any entity that regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who is involved in the decision to extend, renew, or continue credit. Creditors include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies.
• A covered account is an account used mostly for personal, family, or household purposes, and that involves multiple payments or transactions, including credit card accounts, mortgage loans, automobile loans, margin accounts, cell phone accounts, utility accounts, checking accounts, savings accounts, and any account for which there is a foreseeable risk of identity theft.

How to Comply with the Red Flags Rule

According to the FTC, creditors or financial institutions with covered accounts must develop and implement a written Identity Theft Prevention Program designed to prevent, detect, and mitigate identity theft in their organizations, and the program must also include four basic elements:

1. Identify red flags – suspicious patterns, practices, or activities indicating the possibility of identity theft – in the daily operation of the organization.
2. Detect red flags the organization has already identified in day-to-day operations.
3. Prevent and mitigate identity theft by responding with appropriate actions to detected and identified red flags.
4. Update the Identity Theft Prevention Program by re-evaluating the ever-changing risks of identity theft to keep the program current.

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New laws change

California’s

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Fewer than 50% of financial institutions and creditors that must comply with the government’s Red Flag rules will meet the Nov. 1 deadline, according to Robert Shavell, director of identity compliance at Identity Force, a Framingham, Mass.-based provider of identity-theft protection services. Between 75% and 80% of affected institutions will comply by the end of 2009, he says. “A lot of people just don’t know the first things about these regulations,” says Shavell. “In conversation after conversation in this industry, it has become apparent that [the regulation] hasn’t risen to the top of mind.” The Federal Trade Commission, the federal bank regulatory agencies and the National Credit Union Administration passed the Red Flag rules as part of the Fair and Accurate Credit Transactions Act in 2003.

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To subscribe to the e-mail alert service logon to www.emailalert.dmv.ca.gov/subscriptions.asp.

This page contains detailed instructions on how to subscribe.
The Industry Tools Home Page located at

http://www.dmv.ca.gov/vr/dealer_regservice.htm

provides convenient access to information and links that are pertinent to the vehicle registration industry.

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Fair and Accurate

Credit Transactions Act

From Wikipedia, the free encyclopedia

The Fair and Accurate Credit Transactions Act of 2003 (FACT Act or FACTA, Pub.L. 108-159) is a United States federal law, passed by the United States Congress on November 22, 2003,^[1] and signed by President George W. Bush on December 4, 2003,^[2] as an amendment to the Fair Credit Reporting Act. The act allows consumers to request and obtain a free credit report once every twelve months from each of the three nationwide consumer credit reporting companies (Equifax, Experian and TransUnion). In cooperation with the Federal Trade Commission, the three major credit reporting agencies set up the website, annualcreditreport.com, to provide free access to annual credit reports.^[3]

The act also contains provisions to help reduce identity theft, such as the ability for individuals to place alerts on their credit histories if identity theft is suspected, or if deploying overseas in the military, thereby making fraudulent applications for credit more difficult. Further, it requires secure disposal of consumer information.

//

Provisions

The FACT Act contains seven major titles: Identity Theft Prevention and Credit History Restoration, Improvements in Use of and Consumer Access to Credit Information, Enhancing the Accuracy of Consumer Report Information, Limiting the Use and Sharing of Medical Information in the Financial System, Financial Literacy and Education Improvement, Protecting Employee Misconduct Investigations, and Relation to State Laws.^[4]

Identity Theft Prevention and

Credit History Restoration

This title of the act contains provisions that deal mainly with the prevention of identity theft. In particular, it establishes new regulations concerning ‘fraud alerts’ and ‘active duty alerts’, establishes new limitations on the printing of customers’ credit card numbers on receipts, and prescribes that new regulations be established by certain government agencies regarding the detection of identity theft by financial institutions and creditors.

Fraud Alerts

The title requires that consumer reporting agencies, upon the request of a consumer who believes he is or about to be a victim of fraud or any other related crime, must place a fraud alert on that consumer’s file for at least 90 days, and notify all other consumer reporting agencies of the fraud alert. Furthermore, such consumer may request an extended fraud alert, in which case requires the reporting agency to disclose this fraud alert in any credit score that it issues for the consumer during a seven year period. An extended alert also requires the reporting agency to exclude the consumer from any list distributed to third parties for the purpose of extending credit or offering insurance to that consumer. The title also provides for any active duty member to request an active duty alert, which requires the reporting agency to disclose such alert with any credit report issued within 12 months of the request and to exclude the active duty member from any list distributed to third parties for the purpose of extending credit or offering insurance for two years from the request.^[5]

Truncation of Credit and Debit Card Numbers

The act also prohibits businesses from printing more than 5 digits of any customer’s card number or card expiration date on any receipt provided to the cardholder at the point of sale or transaction. The provision excludes receipts that are handwritten or imprinted, where the only method of recording the credit card number is by such means. The act did not become effective for three years after its enactment for any cash register manufactured before January 1, 2005 and did not become effective for one year after its enactment for any cash register manufactured after January 1, 2005.^[6]

Identification of Possible Instances of

Identity Theft (Red Flag Rules)

The act established so called Red Flag Rules, which required the Federal banking agencies, the National Credit Union Administration, and the Federal Trade Commission to jointly create regulations regarding identity theft prevention applicable to financial institutions and creditors. The Red Flag Rules also address how card issuers must respond to changes of address.^[7] Regulations that were established as a result include^{[citation needed]}:

• One that requires financial institutions or creditors to develop and implement an Identity Theft Prevention Program in connection with both new and existing accounts. The Program must include reasonable policies and procedures for detecting, preventing, and mitigating identity theft;

• Another that requires users of consumer reports to respond to Notices of Address Discrepancies that they receive; and

• A third that places special requirements on issuers of debit or credit cards to assess the validity of a change of address if they receive notification of a change of address for a consumer’s debit or credit card account and, within a short period of time afterward they receive a request for an additional or replacement card for the same account.

Another key item was the requirement that mortgage lenders provide consumers with a Credit Disclosure Notice that included their credit scores, range of scores, credit bureaus, scoring models, and factors affecting their scores. This form is typically available from credit reporting agencies, and many will send this directly to the consumer on the lenders’ behalf.

Confusion with the Scope of the Red Flag Rules

Financial institutions faced a mandatory deadline of November 1, 2008, to comply with the Red Flag Rules,^[8] section 114 and 315 of the Fair and Accurate Credit Transactions (FACT) Act. However, due to widespread confusion over coverage under the act, specifically whether the term “creditor” applies to particular businesses, the FTC postposed the deadline for compliance with Section 315 to May 1, 2009.

According to a Business Alert issued by the Federal Trade Commission in June 2008,^[9] the Red Flag Rules apply to a very broad list of businesses including “financial institutions” and “creditors” with “covered accounts”. A “creditor” is defined to include “lenders such as banks, finance companies, automobile dealers, mortgage brokers, utility companies and telecommunications companies”. However, this is not an all-inclusive list.

The regulations apply to all businesses that have “covered accounts”. A “covered account” includes any account for which there is a foreseeable risk of identity theft. For example, credit cards, monthly billed accounts like utility bills or cell phone bills, social security numbers, drivers license numbers, medical insurance accounts, and many others. This significantly expands the definition to include all companies, regardless of size that maintain, or otherwise possess, consumer information for a business purpose. Because of the broad definitions in these regulations, few businesses will be able to escape these requirements.^{[citation needed]}

Protection and Restoration of

Identity Theft Victim Credit History

Summary of Rights of Identity Theft Victims

Provisions in this title require that the Federal Trade Commission, in consultation with the Federal banking agencies and the National Credit Union Agency, “prepare a model summary of the rights of consumers … with respect to the procedures for remedying the effects of fraud or identity theft…”. Beginning sixty days after the summary of these rights were established, all reporting agencies are required to provide a copy of this summary to any consumer that contacts an agency and states that he believes he has been a victim of fraud or identity theft.^[10]

Blocking of Information Resulting from

Identity Theft

The Act also allows requires any reporting agency to block the reporting of any information in a consumer’s file that the consumer identifies as information that originated from an alleged identity theft. Such agency must block the information within four days of receiving proof, a copy of an identity theft report, the identification of the information by the consumer, and a statement from the consumer that the information is not a result of any transaction he participated in.

Agencies are not required to block any information (and may rescind any existing blocks) in the case that the block was found to be made in error or based on erroneous information as provided by the consumer, or that the consumer “obtained possession of goods, services, or money as a result of the blocked transaction or transactions.^[11]

Coordination of Identity Theft Complaint Investigations

This section requires that all consumer reporting agencies develop a means of communicating to each other consumer complaints regarding fraud or identity theft, or requests for fraud alerts or blocks. Furthermore, the section requires that each consumer reporting agency release a report each year to the Federal Trade Commission of fraud alert requests and complaints involving fraud or identity theft received by the reporting agency. Finally, the section requires the Federal Trade Commission to set-up a means by which consumers can contact the reporting agencies and creditors with a complaint involving identity theft or fraud.^[12]

Criticism

After its enactment, some consumer advocacy groups criticised the FACT Act claiming that it preempts some stricter and already-existing state regulations, and provides exceptions that are ‘far too generous’ to new regulations regarding disclosure of personal information by banks as found in the act.^[13] Furthermore, an article in the Washington Post criticised the difficulty in retrieiving the credit reports in some of the states that were first eligible under the act.^[14].

Preemption of State Laws

According to U.S. Pirg, a U.S. public advocacy group, Vermont, Colorado, Georgia, Maine, Maryland, Massachuseets, New Jersey, and California had all established laws by 1994 requiring credit bureaus to provide a free credit report on demand. However, according to U.S. Pirg, “[w]ith the FACT Act, the financial industry won its primary goal: permanent preemption of stronger state credit and privacy laws.”^[15].

Difficulty in Obtaining Credit Reports

An article dated March 13, 2005 and published in the Washington Post stated that while “[r]esidents of six East Coast states — Maryland, Georgia, Maine, Massachusetts, New Jersey and Vermont — are already eligible for free reports from all three agencies as a result of state laws”, the phone numbers provided to request these reports connected to automated systems that the article described as “maddening in their complexity and unforgiving if your circumstances vary from the system’s programming.”. Furthermore, the article criticised the fact that the automated systems forced consumers to “navigate a thicket of recorded information — including sales pitches for their products, such as a credit ‘score’ (an evaluation of your creditworthiness) or a ‘monitoring’ service to help guard against identity theft”.^[14]

References

See also

• Fair Credit Reporting Act
• Political and Economic Research Council — think tank that did much of the research on FACTA

External links

• White House press release
• Full text of the “Fair and Accurate Credit Transactions Act of 2003″

Chicago office of EEOC has a record of being tough on sexual harassment issues

DealersEdge Daily Headlines

The Chicago office of the Equal Employment Opportunity Commission has filed a complaint of sexual harassment in the U.S. District Court against the principals of Castle Chevrolet in Villa Park, Illinois. Castle Chevrolet General Manager Bob Politza reportedly denied the charges claiming that the dealership has a strict policy against sexual harassment.

As reported in the Chicago Tribune and the Chicago Sun-Times, the same office of the EEOC that successfully won a $6.2 million settlement against Sears and the Normal Ill. Mitsubishi assembly plant is now going after a suburban Chevrolet dealer. According to the published reports, this office of the EEOC is known as one of the most aggressive.

Castle Chevrolet and its male employees are accused of commonly referring to their female customers as “dingbats” and for making “sexually hostile, abusive and threatening remarks to female employees, groping them and ignoring their complaints.”

The dealership, its owners and male employees will remain innocent until proven guilty. However the charges have been publicly filed, and even if later proven false, one could argue that the damage has been done.

The Chicago office of the EEOC is led by attorney John Hendrickson, and he is quoted in the Chicago Tribune article, “One would think that anyone in the auto industry – especially after EEOC’s Mitsubishi case – would know that sexual harassment is not only a violation of federal law, but also just plain terrible for the bottom line.”

In an unrelated story out of Adrian, Michigan, the Daily Telegram reports a settlement in another sexual harassment case brought against Knapp Motors in Blissfield MI. The settlement calls for the dealership to pay a former female employee $30,000. A dealership salesman, also accused in the complaint, will pay $10,000.

The former employee claims to have been subjected to sexually offensive pop-up images and email messages on a computer assigned to her. The software generating these images and messages was apparently installed by the salesman named in the complaint.

What The New California Car Buyer’s Bill Of Rights Means To You

Beginning on July 1, 2006, California granted its car-buying residents a new set of protections under the Car Buyer’s Bill of Rights. Not only will these new rights change the way cars are bought and sold in California, they’re already spreading across the country and being adopted by other states as well.

The protections under the new law apply to vehicles (cars, trucks, SUVs) purchased in California for personal use from a dealer/dealership. They do not apply to private sales, out of state purchases, commercial vehicles, RVs and motorcycles.

What are the protections?

1. The Two Day Return

Used car buyers now have the opportunity to protect themselves with a two-day return option. This is designed to help buyers who may not have had the time to have the vehicle properly inspected by a mechanic, for those who are purchasing a car “as is,” or for those car buyers who might have succumbed to the pressure to buy on the spot.

There are a few limits on the two-day return protection. First, the option only applies to used vehicles purchased through a dealership for personal use that cost $40,000 or less. Second, the dealership can charge you for this option (anywhere from $75 to $400, plus a restocking fee, all depending on the price of the vehicle). Additionally, the vehicle must be returned within two days, having been driven fewer than 250 miles, and be in the same condition as when it was purchased.

2. Trade-Ins

With the two-day return option, the dealer is required to hold onto your trade-in until the option expires. If the dealer sells your trade-in early, you’re entitled to the vehicle’s fair market value or the price listed in the cancellation agreement, whichever is more.

3. Certified Used Cars

In the past, any used car that a dealer has had inspected by a mechanic could be advertised as a “certified pre-owned vehicle.” This is no longer the case. Dealers can no longer advertise (or sell) certain problem cars as “certified pre-owned vehicles.”

4. Seller Disclosures

Under the new law, auto dealers must provide the following in writing:

a. The price of the vehicle without extra options and add-ons.

b. The specific price for add-ons, such as anti-theft devices, fabric protection, extended service contracts and “gap” insurance.

c. A copy of your credit score if you’re getting a loan through the dealership. Your credit score will range from 300 to 900, and reflect your credit worthiness as primarily determined by the timeliness of your past loan payments. If your credit score is high enough, you can often benefit from lower interest rates.

5. Limit On Interest Rate Markups

It’s a common practice in the industry for auto lenders to pay dealers an incentive for getting buyers to pay a higher interest rate than they should be paying, according to their credit history. This additional boost in the interest rate is referred to as a “markup.” The new California Car Buyer’s Bill of Rights limits the markup a dealer can receive from a lender to a maximum of 2.5% for loans up to 60 months and to 2% for longer loans.

The New California Car Buyer’s Bill of Rights is designed to make it safer for you to purchase your next used vehicle through a dealership without fear that you’re going to get stuck with something you either don’t want or something that doesn’t live up to its advertising. Knowing your rights can save you both months of headaches and significant money, but only if you take advantage of them.

it really IS pretty simple

you must produce the following in california

before you OFFER a car for retail sale

federal buyers guide

smog certificate or exemption

federal division 12 safety check

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Update on Federal Trade Commission Red Flag Rules relating to identity theft

The Red Flag Rules, issued by the Federal Trade Commission (“FTC”) and other regulatory bodies, become effective November 1, 2009, and require certain entities to establish programs that facilitate the detection, prevention and mitigation of identity theft.

What entities are subject to the Red Flag Rules?

The Red Flag Rules apply to financial institutions and creditors that create and maintain covered accounts (defined below). At first blush, an entity may think that it is not subject to the Red Flag Rules because it is not a credit card company or financial institution. However, although the Red Flag Rules certainly apply to financial institutions, they also apply to any “creditor.” The definition of “creditor” is broad. It includes any entity that regularly (1) extends or renews credit (or arranges for others to do so); and (2) provides goods and services to others and allows the consumer to defer payment. The ultimate consumer need not be an individual.

The FTC has provided a list of entities to which it believes the Red Flag Rules apply; however, the FTC cautions that its list is not exhaustive. Briefly, the FTC considers the following groups as prime candidates for Red Flag Rule compliance:

• Doctors, dentists, and other health care providers;

• Accountants and lawyers;

• Utilities;

• Telecommunications companies;

• Debt collectors;

• Retailers; and

• Employee benefit plans sponsoring flexible spending account arrangements when the arrangement utilizes a debit card.

Entities falling into these categories will need to evaluate their obligation to comply with the Red Flag Rules. As described below, the determination will be based in part upon the risk of identity theft among the accounts the entity holds.

The formal obligation to comply with the Red Flag Rules apply to entities with covered accounts. Therefore, all entities should, as an initial matter examine their internal operations to make sure that they do not create or maintain covered accounts. The definition of a covered account, like the definition of creditor, is also broad. A covered account can be (1) consumer accounts designed to permit multiple payments or transactions; or (2) any other account that presents a reasonably foreseeable risk from identity theft. However, even businesses that have determined they do not have covered accounts still must conduct periodic risk assessments to ascertain whether any changes to that determination have occurred.

Summary of Guidelines for Compliance

The regulations provide guidelines for the development of an identity theft plan. These guidelines are summarized below:

1. Identify relevant red flags. The relevant red flags will likely vary from business to business. It is important to identify red flags based on past experiences, especially any past experience with identity theft. It will be important to evaluate the type of consumer credit accounts that the organization holds. If the organization already has an identity theft policy that policy, should be analyzed and incorporated, as appropriate, into the new program. After an internal review, the organization should evaluate the list of red flags identified in the regulations. The regulations list 26 potential red flags which are organized into the following categories:

• Alerts, notifications or warnings from a consumer reporting agency;

• Suspicious documents;

• Suspicious personal identifying information;

• Unusual use of, or suspicious activity related to, the covered account; and

• Notice from customers, victims of identity theft, law enforcement authorities, or other persons regarding possible identity theft.

2. Detect red flags. The organization should implement the appropriate policies and procedures to ensure that the potential red flags previously identified are indeed detected. Generally this will consist of requiring appropriate identification when opening new accounts and verifying identification on existing accounts. Change of address requests should be appropriately verified. Further, accounts should be monitored to ensure that suspicious usage patterns are detected. Detection techniques will largely depend upon the types of red flags the organization has identified as potential problems.

3. Prevent and mitigate identity theft. If a red flag is identified then the organization must take appropriate steps to prevent any loss or breach or, at the least, mitigate any damage. Appropriate responses may include:

• Monitor an account for evidence of identity theft;

• Contact the customer;

• Change passwords, codes or other security devices that permit access to the account;

• Reopen an account with a new number;

• Refuse to open a new account;

• Close an existing account;

• Refrain from collecting on an account;

• Notify law enforcement; or

• After evaluating the situation, determine that no response is warranted.

4. Update your identity theft policy. Methods of identity theft, the technology used in the detection of identity theft, the types of business relationships (for example, the type of accounts maintained) and the experiences of the organization will invariably change over time. Thus, the policy should be updated annually. It is recommended that the board, a committee of the board or a senior, high-level manager be assigned direct oversight of the entity’s identity theft program. This person or group should receive regular reports including an evaluation of the effectiveness of the policy, a description of any significant incidents of identity theft and any recommended changes to the policy.

WTN News
Posted by Tracy

Revised Vehicle Verifier Handbook

Revised Handbook

A revised Vehicle Verifier Handbook, (OL 301), is now available on the Internet and
can be accessed at

http://www.dmv.ca.gov//vehindustry/ol/ol_handbooks/ol301.pdf.

Background
Licensing handbooks have been developed to aid applicants with various licensing requirements related to obtaining and maintaining an occupational license.
Distribution Notification that this memo is available online, at dmv.ca.gov/pubs/olin/olin.htm was made via e-mail alert in September 2009 to the following:
•
Dealers
•
Registration Services
•
Vehicle Verifiers
Contact
Any questions regarding this memo should be directed to the Occupational Licensing
Operations Unit, at 916-229-3128.
MARY GARCIA, Chief
Occupational Licensing
©