8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4
Module 4
Identity Theft
8 Hour SAFE Comprehensive Mortgage Update 2012
Explanation:
This pdf is only a copy of the module slides. To proceed through the
course, you must read and click through each slide.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Fighting Identity Theft ‐ What EVERY Loan Originator should know
Identity Theft Presentation Overview
• The Identity Theft Problem
• The Impact of Identity Theft
• The Identity Theft Assumption and Deterrence Act
• The Fair and Accurate Credit Transactions Act (FACTA)
• RED Flags Rule and RED Flag Triggers
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
A short clip from the Federal Trade Commission
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Access to Information ‐ Living in the Information Age
Many areas of our society including Military, Law Enforcement, Financial and Healthcare REQUIRE
immediate access to massive amounts of information.
Safeguarding that information from getting into the wrong hands is a constant challenge.
Prevention Detection Protection mitigation
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Five types of Identity Theft
Loan officers and Realtors be aware
It is far more than bank accounts and credit card numbers, there are often serious legal
complications!
You likely know someone who has been the victim of Identity Theft
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
How does it happen? Here are some of the ways it happens…
ILLEGAL ONLINE AUCTION sites where millions of credit card numbers are bought and sold.
Credit card numbers are bid on like it’s “ebay”. In fact, full identities are bid on, often for less than
$25. According to Shawn Henry, the FBI’s top Cyber‐Expert
• Lost or Stolen Wallets;
• Stealing information during a Payment Transaction;
• “Friendly” Theft, or identity theft by fellow employees,
• friends, family members, or other people you know;
• Online Methods, like e‐mail phishing schemes;
• Data Breaches, or hacking into company
• systems to gain customer information;
• Mailbox Raiding and Dumpster Diving for your
• personal and financial information
Shred all personal information
Bills, bank statements, invoices or records of any kind can be used by an identity thief.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Identity Theft is Everywhere
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Identity Theft is spiraling out of control
Over 550 million American’s Identities have been reported lost or stolen since Jan. 2005. –
PrivacyRights.org
Over 400,000 Dead People opened Bank accounts last year– AARP
The revenue from trafficking financial data has surpassed that of drug trafficking. – Secret Service
March 2007
“Every Three seconds (30,000 times per day) someone becomes a victim of Identity Theft.” – USA
TODAY
Identity Theft has no respect to race, gender, creed, nationality, political affiliation, financial
standing, or credit rating...
According to the FBI, less than 1 in 700 Identity Thieves get caught!
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Identity Theft is spiraling out of control
• Almost 60% of victims had NEW ACCOUNTS opened in their name*
• Close to 70% had warrants issued for their arrest*
• 82% found out through an adverse action*
• Out of pocket cost to the average victim $1,800 ‐ $5,000*
• Victims spent an average of 600 hours trying to clean up the mess.. (CNBC Report 2011)
• 63% could not get their credit reports cleared
• 22% have their SSN tied to someone else’s
• 19% had their fraud alerts ignored
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
How we are Affected by Identity Theft?
Identity Theft and the Legal Issues that often occur can be life changing events
Identity Theft is a legal issue*
According to the FTC, Identity Theft Victims can spend 600+ hours to restore their Identity and
between $1200 ‐ $5000 in associated expenses*
Employees suffering the effects of Identity Theft can cost employers over $600 per year*
Harris Interactive
Employees with problems often become problem employees.
*As a loan officer or Realtor, becoming a victim of Identity Theft could effect your ability to earn a
living.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Identity Theft is Everywhere, who can we trust?
Often, those we routinely trust, violate that trust…
• Government Employees
• Medical Personnel
• Legal Counsel
• University Administrators
• Bank Officers
• Loan Officers
• Realtors
• Postal Inspectors
8 Hour SAFE Comprehensive Mortgage Update 2012
Where Are We Now?
Identity Theft is spiraling out of control. Which of the following is not true about Identity Theft?
a. Over 550 million American’s Identities have been reported lost or stolen since Jan. 2005. –
PrivacyRights.org
b. Over 400,000 Dead People opened Bank accounts last year– AARP
c. The revenue from trafficking financial data has surpassed that of drug trafficking. – Secret
Service March 2007
d. According to the FBI, most Identity Thieves get caught!
•Over 550 million American’s Identities have been reported lost or stolen since Jan. 2005. – PrivacyRights.org
•Over 400,000 Dead People opened Bank accounts last year– AARP
•The revenue from trafficking financial data has surpassed that of drug trafficking. – Secret Service March 2007
•“Every Three seconds (30,000 times per day) someone becomes a victim of Identity Theft.” – USA TODAY
•Identity Theft has no respect to race, gender, creed, nationality, political affiliation, financial standing, or credit
rating...
•According to the FBI, less than 1 in 700 Identity Thieves get caught!
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Identity Theft is Everywhere, who can we trust?
Download
Story Here
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Identity Theft is Everywhere, who can we trust?
Download
Story Here
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Being Careless, What can Happen?
Mortgage Broker who discarded consumers’
personal financial records in a
publicly‐accessible dumpster paid a
$35,000 civil penalty to settle FTC charges
Information Security Laws mandate the
destruction of information about your
customers, employees, or patients.
Download
Story Here
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
WAGING WAR in the Fight IDENTITY THEFT
The Identity Theft and Assumption Deterrence Act of 1998 18 U.S.C. 1028.
DEFINITION OF IDENTITY THEFT
Knowingly transfer or use, without lawful authority, a means of identification of another person with
the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal
law, or that constitutes a felony under any applicable State or local law.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
WAGING WAR in the Fight IDENTITY THEFT
The Identity Theft and Assumption Deterrence Act of 1998 18 U.S.C. 1028.
Act addresses the problem of Identity Theft by focusing on consumers as victims
S. Rep. No. 105‐274, at 4 (1998).
Penalties for Violations
Violators are generally subject to a fine and/or imprisonment of up to 15 years. §1028(b)(1)(D).
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
What Loan Originators Must Know about FACTA
The Fair and Accurate Credit Transactions ACT
The Fair and Accurate Credit Transactions Act (which is also sometimes known as FACTA or the FACT
Act) was enacted by Congress in 2003 (although some parts of it did not go fully into effect until late
2004) as a part of an overall effort to better assist individual consumers who have been victims of
identity theft and/or have inaccurate reporting on their personal credit reports. The law can be
found at 15 USC 1681 et seq.
The Act provides uniform national standards for the credit markets, and strong Consumer
Protections.
Intended to primarily help Consumers fight the growing crime of identity theft.
The Fair and Accurate Credit Transaction Act of 2003 (FACTA) amends the federal Fair Credit
Reporting Act (FCRA, 15 U.S.C. 1681 et seq.)
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE I ‐ IDENTITY THEFT PREVENTION AND CREDIT HISTORY RESTORATION
Fraud Alerts and Active Duty Alerts
Establishes a nationwide system of fraud alerts for consumers to place on their credit files (FACTA §
112,FCRA § 605A(a)(1)).
ONE Call Fraud Alert ‐
Call one reporting agency, that agency will notify the others…
Establishment of Procedures for the Identification of Possible Instances of Identity Theft
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Fraud Alerts and Active Duty Alerts FACTA § 112
FACTA creates a national system of fraud detection to make identity thieves more likely to be caught.
Previously, victims would have to make phone calls to all of their credit card companies and three
major credit rating agencies to alert them to the crime. Now, consumers will only need to make one
call FACTA § 112, FCRA § 605A(a)) to receive advice, set off a nationwide fraud alert, and protect
their credit standing. FACTA also establishes a nationwide system of fraud alerts for consumers to
place on their credit files. FACTA allows the consumer to contact the credit reporting agency and flag
their account (FACTA § 112, FCRA § 605A(a)(1)). These fraud alerts are placed on the report for 90
days (FACTA § 112, FCRA § 605A(a)(1)(A)), but may be extended. Credit reporting agencies that
receive such alerts from customers will now be obliged to follow procedures to ensure that any
future requests are by the true consumer, not an identity thief posing as the consumer. In most cases
the creditor is required to contact the consumer at a telephone number authorized by the consumer
(FACTA 112, FCRA § 605A (h)(1)(B)(ii)). The law also will enable active duty military personnel to
place special alerts on their files when they are deployed overseas (FACTA 112, FCRA §
605A(c)(1)(2)(3).
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Truncation of Credit Card and Debit Card Account Numbers FACTA § 113 FACTA
FACTA helps prevent identity theft before it occurs by requiring merchants to leave all but the last
five digits of a credit card number off store receipts (FACTA § 113(g)(1)) . The credit card’s expiration
date must not be printed on any receipt (FACTA § 113(g)(1)). FACTA will make sure that slips of
paper that most people throw away do not contain their credit card number, a key to their financial
identities.
This provision is enforced with statutory damages ranging from $100 to $1000 per violation, and
when claims are aggregated in a class action class (brought by all the customers of a retailer that
failed to truncate credit card numbers) the amount of damages can be massive. 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.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE I ‐ IDENTITY THEFT PREVENTION AND CREDIT HISTORY RESTORATION (Continued)
§ 114 The RED FLAGS Rule
Red Flag: means a “pattern, practice, or specific activity that indicates the possible existence of
identity theft.”
Look for “Red Flags”
Red Flags Rule
Joint Rule Making
“Red Flag” provision, requires that the Federal Trade Commission and Federal Banking Agencies
issue identity theft program guidelines and Regulations
Final Rules Published November 9, 2007
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE I ‐ IDENTITY THEFT PREVENTION AND CREDIT HISTORY RESTORATION (Continued)
Red Flags Rule (Continued)
A “financial institution” is:
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 person that directly or indirectly holds a transaction account belonging to a consumer
Section l.90(b)(7)
A “covered account” is:
A consumer account designed to permit multiple payments or transactions, and any other account
for which there is a reasonably foreseeable risk from identity theft
Section l.90(b)(3)
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE I ‐ IDENTITY THEFT PREVENTION AND CREDIT HISTORY RESTORATION (Continued)
Red Flags Rule (Continued)
Must include policies and procedures to:
• Identify relevant red flags and incorporate them into the Program
• Detect red flags that are part of the Program
• Respond appropriately to any red flags that are detected
• Ensure the Program is updated periodically to address changing risks
Section l.90(d)(1)
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Red Flag Rule (continued)
Under the Red Flags Rules, mortgage loan originators must develop a written program that identifies
and detects the warning signs of identity theft. A “Red Flag” compliance program should address
and detail company policies and procedures that protect against identity theft during the processing
of a mortgage loan application. The program must also describe appropriate responses that would
prevent and mitigate if a security breach occurs and detail a plan to update the program (FCRA §
222.90). The program must be managed by the Board of Directors or senior employees of the
financial institution or creditor, include appropriate staff training, and provide for oversight of any
service providers.
Penalties for noncompliance
The FTC can seek both monetary civil penalties and injunctive relief for violations of the Red Flags
Rule. Where the complaint seeks civil penalties, the U.S. Department of Justice typically files the
lawsuit in federal court, on behalf of the FTC. Currently, the law sets $3,500 as the maximum civil
penalty per violation. Each instance in which the company has violated the Rule is a separate
violation. Injunctive relief in cases like this often requires the parties being sued to comply with the
law in the future, as well as provide reports, retain documents, and take other steps to ensure
compliance with both the Rule and the court order. Failure to comply with the court order could
subject the parties to further penalties and injunctive relief.
Source: The Red Flags Rule: Frequently Asked Questions, www.ftc.gov/redflasrule
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE I ‐ IDENTITY THEFT PREVENTION AND CREDIT HISTORY RESTORATION (Continued)
FACTA Identity Theft "Red Flags“
What Business Owners Must Know about FACTA
FACTA Regulations provide the following 26 examples of activities that may indicate potential
identity theft and raise a Red Flag.
Source: Supplement A to Appendix J Appendix J to Part 334—Interagency
Guidelines on Identity Theft Detection, Prevention, and Mitigation
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE I ‐ IDENTITY THEFT PREVENTION AND CREDIT HISTORY RESTORATION (Continued)
FACTA Identity Theft "Red Flags“
FACTA Regulations provide the following 26 examples of activities that may indicate potential
identity theft and raise a Red Flag.
Alerts, Notifications or Warnings from a Consumer Reporting Agency
1. A fraud alert included with a consumer report.
2. Notice of a credit freeze in response to a request for a consumer report.
3. A consumer reporting agency providing a notice of address discrepancy.
4. Unusual credit activity, such as an increased number of accounts or inquiries.
Source: Appendix J Section IIb and Supplement A to Appendix J.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Where Are We Now?
The Identity Theft and Assumption Deterrence Act of 1998 (18 U.S.C. 1028) addresses the problem
of Identity Theft by focusing on consumers as victims. Violators of the ACT are generally subject to a
fine and/or imprisonment of up to:
a. 15 years.
b. 7 years
c. 30 years
d. 1 year
This law criminalizes fraud as it relates to the unlawful theft and misuse of personal identifying
information, regardless of whether the information appears or is used in documents, software, or
computer files. Violators are generally subject to a fine and/or imprisonment of up to 15 years. The
law also makes it a crime to aid anyone in the theft or fraudulent use of identifying information.
The Act makes identity theft a Federal crime with penalties up to 15 years imprisonment and a
maximum fine of $250,000.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE I ‐ IDENTITY THEFT PREVENTION AND CREDIT HISTORY RESTORATION (Continued)
FACTA Identity Theft "Red Flags“
FACTA Regulations provide the following 26 examples of activities that may indicate potential
identity theft and raise a Red Flag.
Presentation of suspicious documents
5. Documents provided for identification appearing altered or forged.
6. Photograph on ID inconsistent with appearance of customer.
7. Information on ID inconsistent with information provided by person opening account.
8. Information on ID, such as signature, inconsistent with information on file at financial
institution.
9. Application appearing forged or altered or destroyed and reassembled.
Source: Appendix J Section IIb and Supplement A to Appendix J.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE I ‐ IDENTITY THEFT PREVENTION AND CREDIT HISTORY RESTORATION (Continued)
FACTA Identity Theft "Red Flags“
FACTA Regulations provide the following 26 examples of activities that may indicate potential
identity theft and raise a Red Flag.
Presentation of suspicious documents
10. Information on ID not matching any address in the consumer report, Social Security number has
not been issued or appears on the Social Security Administration's Death Master File, a file of
information associated with Social Security numbers of those who are deceased.
11. Lack of correlation between Social Security number range and date of birth.
Source: Appendix J Section IIb and Supplement A to Appendix J.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE I ‐ IDENTITY THEFT PREVENTION AND CREDIT HISTORY RESTORATION (Continued)
FACTA Identity Theft "Red Flags“
FACTA Regulations provide the following 26 examples of activities that may indicate potential
identity theft and raise a Red Flag.
12. Personal identifying information associated with known fraud activity.
13. Suspicious addresses supplied, such as a mail drop or prison, or phone numbers associated
with pagers or answering service.
Source: Appendix J Section IIb and Supplement A to Appendix J.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Where Are We Now?
FACTA allows the consumer to contact the credit reporting agency and flag their account. These
fraud alerts are placed on the report for
a. 90 days
b. 30 days
c. 6 months
d. 1 year
FACTA gives the consumer the right to contact a credit reporting agency to flag their account. To
place a fraud alert, the consumer must provide proof of their identity to the credit bureau. The
fraud alert is initially effective for 90 days, but may be extended at the consumer’s request for
seven years when they provide a police report to the credit bureaus that indicates they are a
victim of identity theft.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE I ‐ IDENTITY THEFT PREVENTION AND CREDIT HISTORY RESTORATION (Continued)
FACTA Identity Theft "Red Flags“
FACTA Regulations provide the following 26 examples of activities that may indicate potential
identity theft and raise a Red Flag.
Suspicious activity relating to a covered account
14. Social Security number provided matching that submitted by another person opening an
account or other customers.
15. An address or phone number matching that supplied by a large number of applicants.
Source: Appendix J Section IIb and Supplement A to Appendix J.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE I ‐ IDENTITY THEFT PREVENTION AND CREDIT HISTORY RESTORATION (Continued)
FACTA Identity Theft "Red Flags“
FACTA Regulations provide the following 26 examples of activities that may indicate potential
identity theft and raise a Red Flag.
16. The person opening the account unable to supply identifying information in response to
notification that the application is incomplete.
17. Personal information inconsistent with information already on file at financial institution or
creditor.
18. Person opening account or customer unable to correctly answer challenge questions.
Source: Appendix J Section IIb and Supplement A to Appendix J.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE I ‐ IDENTITY THEFT PREVENTION AND CREDIT HISTORY RESTORATION (Continued)
FACTA Identity Theft "Red Flags“
FACTA Regulations provide the following 26 examples of activities that may indicate potential
identity theft and raise a Red Flag.
19. Shortly after change of address, creditor receiving request for additional users of account.
20. Most of available credit used for cash advances, jewelry or electronics, plus customer fails to
make first payment.
21. Drastic change in payment patterns, use of available credit or spending patterns.
Source: Appendix J Section IIb and Supplement A to Appendix J.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE I ‐ IDENTITY THEFT PREVENTION AND CREDIT HISTORY RESTORATION (Continued)
FACTA Regulations provide the following 26 examples of activities that may indicate potential
identity theft and raise a Red Flag.
22. An account that has been inactive for a lengthy time suddenly exhibiting unusual activity.
23. Mail sent to customer repeatedly returned as undeliverable despite ongoing transactions on
active account. Financial institution or creditor notified of unauthorized charges or transactions
on customer's account.
Be on the look out for "Red Flags"
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE I ‐ IDENTITY THEFT PREVENTION AND CREDIT HISTORY RESTORATION (Continued)
Any notices received from identify theft victims, law Enforcement authorities, or other parties
containing information related to identity theft as to covered accounts.
24. Financial institution or creditor notified that customer is not receiving paper account
statements.
25. Financial institution or creditor notified of unauthorized charges or transactions on customer's
account.
26. Financial institution or creditor notified that it has opened a fraudulent account for a person
engaged in identity theft.
When does FACTA’s Red Flag Rules take effect and what is the deadline for compliance?
December 31, 2010
Source: Appendix J Section IIb and Supplement A to Appendix J.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
FACTA noncompliance can mean severe fines and even class‐action lawsuits, including:
Civil Liability ‐ actual damages sustained if identity is stolen as a result of corporate inaction or
statutory damages up to $1,000 per employee.
Class‐Action Lawsuits ‐ If large numbers of employees are affected, they may be able to bring class‐
action suits and get punitive damages from employers. [15 U.S.C. § 1681n]
Federal Fines ‐ up to $2,500 for each violation. [15 U.S.C. § 1681n]
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE II ‐ IMPROVEMENTS IN USE OF AND CONSUMER ACCESS TO CREDIT INFORMATION
Free Consumer Reports FACTA § 211
Consumers have the right to obtain one free copy of their credit report from Experian, Trans Union,
Equifax and CoreLogic credit bureaus every 12 Months.
www.AnnualCreditReport.com is the ONLY place you can get your annual credit report for free.
One free report from EACH one annually.
Each national credit bureau must provide, at no charge, a report within 15 days of a request (FACTA
§ 211(C)(2)).
Free reports are available through a dedicated web site, www.annualcreditreport.com.
As 2012, all four reporting agencies will provide one free report each year.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE II ‐ IMPROVEMENTS IN USE OF AND CONSUMER ACCESS TO CREDIT INFORMATION
FALSE CLAIMS LEAD TO HEAVY FINES Download
Story Here
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE II ‐ IMPROVEMENTS IN USE OF AND CONSUMER ACCESS TO CREDIT INFORMATION
Disclosure of Credit Scores § 212
Mortgage loan originators must provide credit scores, and information on key factors lowering a
consumer’s score to those who apply for mortgages (FACTA §212)
As a mortgage loan originator, you must provide this*.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Where Are We Now?
One FACTA identity theft‐related provision requires the "truncation" of account numbers on
electronic credit‐ and debit‐card receipts. Specifically, electronically printed credit‐ and debit‐card
receipts provided to consumers shall not include more than the:
a. Last three digits of the card number or the expiration date.
b. Last five digits of the card number only.
c. Cardholder’s full name.
d. Last five digits of the card number or the expiration date.
FACTA helps prevent identity theft before it occurs by requiring merchants to leave all but the
last five digits of a credit card number off store receipts (FACTA § 113(g)(1)) . The credit card’s
expiration date must not be printed on any receipt (FACTA § 113(g)(1)).
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE II ‐ IMPROVEMENTS IN USE OF AND CONSUMER ACCESS TO CREDIT INFORMATION
Disposal of Consumer Reports § 216
The disposal rule requires covered entities that maintain or possess “consumer report information”
for a business purpose to take “reasonable” measures to protect against unauthorized access to or
use of the In formation in connection with its disposal.
Federal Register (69 FR 68690) Rule 30(b)(2)(i)
You MUST Dispose of Documents Properly
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE II ‐ IMPROVEMENTS IN USE OF AND CONSUMER ACCESS TO CREDIT INFORMATION
Reasonable Measures include but is NOT limited to:
Burning, pulverizing or shredding of information
Destruction or erasure of electronic media so that information cannot be read or reconstructed
You MUST Dispose of Documents Properly
Federal Register (69 FR 68690) Rule 30(b)(2)(i)
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
TITLE III – ENHANCING THE ACCURACY of CONSUMER REPORT INFORMATION
Reconciling Addresses § 315 The Address Discrepancy Rule
National CRAs are required to issue a “notice of address discrepancy” when an address provided by
a user requesting a consumer report “substantially differs” from the address the CRA has on file for
that consumer.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Identity Theft prevalent in the work place
Fighting Fraud with the Red Flags Rule
Active enforcement is now in place, regulators are increasingly taking action against violators.
Taking steps now to protect your company, employees and customers will go a long way towards
reducing any potential liabilities should a breach occur at your company.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
What you MUST know about Identity Theft
Federal and State Governments have enacted various laws including:
• FACTA Red Flag Rules
• Gramm, Leach Bliley
• 2006 False Claims Act
• Various state laws
YOU may be held RESPONSIBLE!
These laws now potentially make your company and even you as an employee/Associate/ or Agent
liable for losing information.
Some of these violations include fines up to $1,000,000 and up to 10 years in jail.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
Steps you MUST take against Identity Theft
It is important for you to understand that these laws require companies to:
• Appoint an Information Security Officer in writing; either an officer of the company or senior
level employee
• Develop a written plan and policy to protect the non‐public information of employees and
customers
• Conduct regularly scheduled training for all employees and staff including employees at satellite
offices and temporary help
• Oversee service provider arrangements the Red Flag Guidelines state that a financial institution
or creditor is responsible for ensuring the service provider’s compliance with the Red Flags
Rules.
8 Hour SAFE Comprehensive Mortgage Update 2012
Module 4: Identity Theft
IMPORTANT, Employers are RESPONSIBLE
“A rise in identity theft is presenting employers with a major headache: They are being held liable for
identity theft that occurs in the workplace.”
Douglas Hottle, Meyer, Unkovic & Scott,
“Workplace Identity Theft: How to Curb an HR Headache”
BLR: Business and Legal Reports, September 19, 2006
*(Identity Theft Resource Center 2007)