Regulatory Compliance

FACTA

The Fair and Accurate Credit Transaction Act (FACTA) was passed by Congress on December 4, 2003 as an amendment to the Fair Credit Reporting Act (FCRA). FACTA is primarily intended to help consumers fight the growing crime of identity theft. Accuracy, privacy, limits on information sharing, and new consumer rights to disclosure are included in the legislation. FACTA also includes new Red Flag Rules, which mandate compliance by November 1, 2008.

FACTA also requires any business or person who possesses or maintains consumer information for a business purpose, consumer information derived from consumer reports or any compilation of consumer information to properly dispose of any such information or compilation.

Because of FACTA, consumers can request and obtain a free credit report once every 12 months from each of the three nationwide consumer credit reporting companies.

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.
  • Federal Fines - up to $2,500 for each violation.
  • State Fines - up to $1,000 for each violation.

Most important to BRM, this 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.

We are fully committed to ensuring your confidentiality and privacy, and with our support of this act, you can be confident that your records are in good hands.

  FACTA   Land Ban Act of 1994
  Federal Rules of Civil Procedure   RCRA
  Gramm-Leach-Bliley Act   Safe Harbor Act
  HIPAA   Sarbanes-Oxley Act
  IRS Revenue Procedure 98-25   SEC Regulation S-P

 

 

Contact brmdetails@businessrecords.com for more information.

Someone will respond within 24 hours.


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