Legal Question in Business Law in Indiana
Red Flag Rules compliance
I work for a used car dealership. I have recently become aware of the FTC's Identity Theft Red Flags and Notices of Address Discrepancy provisions. We received a letter stating that we are required to have a program concerning the above in place. I can't find info on this topic. What is a description of the red flag rules? What things need to be done? Do all used car dealers need to comply?
2 Answers from Attorneys
Re: Red Flag Rules compliance
Here's the FTC's Business Alert on the Red Flag program: http://www.ftc.gov/bcp/edu/pubs/business/alerts/alt050.shtm
The Alert gives a good breakdown of who must participate in the Red Flag program. Each entity that qualifies is responsible for designing and implementing their own internal alert program. Unfortunately, it doesn't provide too much information on designing your program.
If you think that your business qualifies (the FTC apparently does) and you have specific questions about designing your program, you can either contact a local attorney or the FTC directly, 1-877-FTC-HELP.
Hope this helps.
Re: Red Flag Rules compliance
Generally speaking, if you offer credit and exchange personal information with any other organization, you are subject to the rules. The following website may help you to confirm what needs to be done.
http://www.ftc.gov/bcp/edu/pubs/business/alerts/alt050.shtm.
These are very serious safeguards and you should hire an attorney to darft policies that will address the needs of your company. If you have an attorney with experience in ID theft contact him or her, if not, feel free to contact me.
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