, many US companies have not heard about the new Federal law comes into force on 1 November 2008, or they do not know whether they are coming this law in their operations. From the research I’ve done, it looks like every company out there almost have to have a Red Flag compliance, as long as you extend credit, as Gyms do and some select companies that have the membership services. Most Retail stores, grocery stores, and companies such as pizza parlors will not have to comply. The Red Flag (Section 114) and reconcile address mismatch (Section 315) guidelines for fair and accurate credit transactions Act (Facta) are songs that will be enacted by 1 November 2008.
I am here to explain who should be worried and get this program in action before November 1 Now that the gathering of information about Red Flag compliance, financial institutions and creditors with covered accounts. Which means:
1. A trading account is a deposit or other account owner makes payments or transfers. Transaction accounts include checking accounts, negotiable order withdrawal accounts, deposits subject to automatic transfers, and share draft accounts.
2. 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 assignee of the original creditor who participates in the decision to extend, renew, or continue credit. Accept credit cards as payment does not in itself make an entity a creditor. Creditors include finance companies, automobile dealers, mortgage brokers, utility companies and telecommunications companies. Where non-profit and government entities defer payment for goods or services that they, too, are considering creditors. Most creditors, except for those controlled by the Federal bank regulatory agencies and the NCUA, come under the jurisdiction of the FTC.
3. A covered account is an account used primarily for personal, family, or household, and that involves multiple payments or transactions. Covered accounts include credit card bills, mortgages, loans, automobile, margin accounts, cell phone accounts, utility bills, checking account and savings accounts. A covered account is also made aware that there is a foreseeable risk of identity theft, for example, small businesses or private accounts.
You can see this would mean even down to a day care center, extend credit, where the children go; they take credit cards and personal information, so they would have to be Red Flag compliant. In the gym you go at least once a week and pay a membership, they need everyone to be Red Flag compliant.
You’re probably wondering why they would need to be consistent, you’ve seen on the evening news, fax customers who excavated from trash bins. I’ve seen doctor offices disposing their records of customers in trash dumpsters, even small mortgage companies have been caught dumping their old files into Dumpsters. The government has seen this happen and also wants to put a stop to such recklessness and company take responsibility for such actions and new actions by disposing such materials correctly or guilt. This was just one example of why this law was implemented.
26 Flags that are Facta, some will apply to all companies and there are other flags that are specifically for companies like mortgage brokers, financial institutions and insurance companies and so on. Not every flag will be used in all businesses, which is why there are 26 flags so they can be tailored to the company
The penalties are very rigid. fines can range from $ 2,500.00 to $ 11,000.00 per incident if you are not Red Flag compliant. So you can see that they are serious about this business that are half witted our information and expect them to get compliant by 1 November 2008.
red flags Rules provide all financial institutions and creditors the opportunity to design and implement a plan that is appropriate to their size and complexity, and the nature of their activities. Recommendation FTC, the federal banking agencies, and the NCUA should be helpful in assisting Covered Entities in designing their programs. A supplementary instructions identified 26 possible red flags. These red flags are not a checklist, but are examples of financial institutions and creditors and the company may want to use as a starting point. They fall into five categories:
1. reminders, announcements or warnings from the Consumer reporting;
2. suspicious documents;
3. suspicious personally identifiable information, such as a suspicious address;
4. unusual use or suspicious activity relating, covered account; and
5. notices from customers, victims of identity theft, law enforcement authorities, or other businesses about possible identity theft in connection with covered accounts.
I’ve found a company that can help with your business to start and know what flags would fit your business, what method your company would take to dispose of old information and how to ensure the client business has. They give a jump start program, which can direct your business to be compliant; they are not as expensive as lawyers and will give you the proper guides and tools to be Red Flag compliant. Read my life, and click on the Red Flags compliant link.