Federal Trade Commission (FTC) to Begin Enforcement of Red Flag Rule

Red Flag

The days that remain before the Federal Trade Commission (FTC) begins enforcement of its Red Flag Rule can be counted with fingers. Enforcement will begin December 31. The regulator issued regulations known as the Red Flag Rule in 2007 requiring financial institutions and creditors to develop and implement written identity theft prevention programs as part of the Fair and Accurate Credit Transactions (FACT) Act of 2003. Land-lease communities and retailers are considered to be financial institutions, creditors, or to have covered accounts if they offer financing or help consumers get financing from others by processing credit applications.  In addition, the rule implements Section 315 of the FACT Act, which applies to users of credit reports. This section specifically includes “landlords” or land-lease communities and requires users of consumer reports from credit bureaus to develop reasonable policies and procedures to determine the identity of an applicant when a “notice of address discrepancy” from a consumer reporting agency is received. The Manufactured Housing Institute indicates communities using consumer credit reports must comply with Section 315 of the FACT Act. Section 315 requires users of consumer reports to develop reasonable policies and procedures that must be applied when they receive a notice of address discrepancy from a consumer reporting agency. There is no requirement that the policies and procedures on address discrepancies be in writing. However, a written policy could assist in ensuring policies are being followed by all employees.

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