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The New Rules Under FACTA: Red Flags For Identity Theft And Affiliate Marketing Compliance

Resource Material: ID# 1007757
About This Course:
The Fair and Accurate Credit Transactions Act (FACTA) of 2003, amending the Fair Credit Reporting Act (FCRA), requires financial institutions and creditors to develop and implement written identity theft prevention programs.

The Federal Trade Commission (FTC), the federal bank regulatory agencies, and the National Credit Union Administration (NCUA) have issued regulations implementing sections 114 and 315 of FACTA, referred to as the Red Flag Rules. Under the Red Flag Rules, financial institutions and creditors must develop a written program that identifies and detects the relevant warning signs, or ‘red flags’, of identity theft.

Creating a Red Flag Compliance program can sound daunting and some creditors have put this on the bottom of their priority lists for that reason. Compliance with the Red Flag rules is not as onerous as it seems and this material will help you understand how to integrate identity theft prevention into your business' operations.

Identity Theft Prevention
  • Who Has to Develop a Red Flag Compliance Program?
  • What Are These Red Flags?
  • How Have the Requirements Evolved?
Affiliate Marketing
  • What Counts as an Affiliate?
  • What Are the Notice and Opt-out Requirements?
  • Methods of Notice
Red Flag Compliance Programs
  • Where to Begin: Who Are Your Primary Users, Providers, and Maintainers of Information?
  • Building a System That Detects, Prevents, and Responds to Identity Theft
  • Making It All Work in Reality
About Your Speaker:

Jacob Boehner, Esq.
  • Associate in the Tampa office and Litigation practice group of Greenspoon Marder LLP
  • Concentrates practice in the areas of commercial litigation and consumer finance
  • Worked on projects involving deceptive and unfair trade practices, business torts, secured transactions, the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Military Lending Act, and more
  • Frequent contributor to Greenspoon Marder’s Consumer Finance Blog
Ashley M. Elmore Drew, Esq.
  • Senior Counsel in the Tampa office of Greenspoon Marder LLP
  • Provides legal and regulatory compliance guidance to business, real estate, and financial services clients on a wide range of Federal and State topics, including but not limited to the following: RESPA, SCRA, TILA, MLA, PACE Financing, Vendor Management, ECOA, FDCPA, FCRA, FACTA, UDAAP, FATCA, FACTA and myriad regulations. She also represents clients in regulatory and consumer defense litigation
  • Was featured in the Tampa Bay Business Journal, discussing the impact of the election on Dodd-Frank and the effect on community banks
  • Has written numerous articles
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The New Rules Under FACTA: Red Flags For Identity Theft And Affiliate Marketing Compliance
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