LexisNexis Developing an Effective Red Flags Rule Program Program Checklist R O I : R E T U R N O N I N F O R M AT I O N S O LU T I O N S Customer Development Authentication & Screening Fraud Prevention Collections Management
Developing an Effective Red Flags Rule Program The time is quickly approaching for financial institutions and creditors to implement written Identity Theft Prevention Program policies and procedures. How do you create an effective program? What are the red flags your program must identify? How must you follow through after one is detected? How will your program fit into your overall compliance strategy?. The November 1, 2008 deadline is fast approaching Use this convenient checklist to help prepare your Identity Theft Prevention Program EDUCATE Educate the organization on the rules and impact to the organization, timelines, etc. ASSESS Organizations should perform a risk assessment with clear and complete criteria for how different areas of the operation are assessed. Creditors should consider the following criteria in the risk assessment: Types of covered accounts offered or maintained. Methods of opening and accessing such accounts. Previous experience with identity theft. Review business accounts closely in your risk assessment. Business accounts are not necessarily exempt, some may be covered (e.g., small business, sole proprietors) and other relationships may be covered accounts. Where there is a reasonably foreseeable risk to customers or to safety and soundness from identity theft. Risk = financial, operational, compliance, reputation, or litigation. In making risk determination, creditors must consider: Methods used to open accounts. Methods used to access accounts. Previous experience with identity theft. Creditors also may consider the list of possible red flags prepared by the agencies. 1
DEVELOP POLICIES Creditors that offer or maintain covered accounts must: Develop and implement a WRITTEN identity theft prevention program designed to detect, prevent, and mitigate identity theft in: New accounts and Existing accounts. Include policies and procedures to: Identify relevant red flags. Detect red flags. Respond when red flags are detected: Provide for appropriate responses to red flags commensurate with the risk presented. Consider aggravating factors, such as data security breach or phishing. Possible appropriate responses Monitoring accounts Contacting customers Changing passwords or PINs Closing accounts or assigning new account numbers Not opening a new account Not attempting to collect, or not selling/assigning accounts Notifying law enforcement Determining no response is necessary APPROVE AND ENGAGE Policies must: Be approved by the Board or committee of the Board Be overseen by senior management Include staff training and oversight of service provider Consider the Guidelines provided by the agencies IMPLEMENT PROCESS Create process/procedural guidance for each operational area Be sure to balance risks with appropriate action, by operational area 2
ADMINISTER AND MAINTAIN THE PROGRAM Board of directors or senior management need to: Assign specific responsibility for implementation Review reports by staff Approve material changes to program Report at least annually on: Effectiveness of policies Service provider arrangements Ensuring (e.g., by written contract) that service providers: Perform activities in connection with covered accounts Implement procedures to detect, prevent, and mitigate identity theft Significant security incidents Recommendations for material changes ADDITIONAL PROGRAM REQUIREMENTS Change of address. Address appropriate actions for handling change of address and/or ongoing account changes. Address discrepancy. Determine appropriate actions for address discrepancies between information provided by the customer and the credit report or other data (internal files or other third party). For some customers, current CIP processes may cover this issue. Data Furnishing Requirement. Identify procedures and timelines for reporting verified addresses back to the reporting agency. PERTINENT DEFINITIONS Expansive definition of credit Any deferral of payment 12 C.F.R. 202.2(j) Can include telecom, utilities, invoicing, subscriptions Expansive definition of creditor Anyone who participates in credit decision 12 C.F.R. 202.2(l) Can include brokers, arrangers, auto dealers and other indirect lenders Expansive definition of identity theft Includes new accounts and existing accounts Includes attempted identity theft 16 C.F.R. 603.2 Narrower definition of red flag Indicator of possible existence of identity theft Covered accounts: Consumer accounts involving multiple payments or transactions are always covered accounts. Business accounts may fall into this category. This should be addressed in the Risk Assessment. 3
EXAMPLES OF RED FLAGS Financial institutions or creditors may consider incorporating into its program, whether singly or in combination, Red Flags from the following illustrative examples in connection with covered accounts (provided from 16 C.F.R. Part 681. Source: Pages 159-162 at http://www.ftc.gov/os/2007/10/r611019redflagsfrn.pdf): Alerts, Notifications or Warnings from a Consumer Reporting Agency 1. A fraud or active duty alert is included with a consumer report. 2. A consumer reporting agency provides a notice of credit freeze in response to a request for a consumer report. 3. A consumer reporting agency provides a notice of address discrepancy, as defined in 41.82(b) of this part. 4. A consumer report indicates a pattern of activity that is inconsistent with the history and usual pattern of activity of an applicant or customer, such as: A recent and significant increase in the volume of inquiries; An unusual number of recently established credit relationships; A material change in the use of credit, especially with respect to recently established credit relationships; or An account that was closed for cause or identified for abuse of account privileges by a financial institution or creditor. Suspicious Documents 5. Documents provided for identification appear to have been altered or forged. 6. The photograph or physical description on the identification is not consistent with the appearance of the applicant or customer presenting the identification. 7. Other information on the identification is not consistent with information provided by the person opening a new covered account or customer presenting the identification. 8. Other information on the identification is not consistent with readily accessible information that is on file with the financial institution or creditor, such as a signature card or a recent check. 9. An application appears to have been altered or forged, or gives the appearance of having been destroyed and reassembled. Suspicious Personal Identifying Information 10. Personal identifying information provided is inconsistent when compared against external information sources used by the financial institution or creditor. For example: The address does not match any address in the consumer report; or The Social Security Number (SSN) has not been issued, or is listed on the Social Security Administration s Death Master File. 11. Personal identifying information provided by the customer is not consistent with other personal identifying information provided by the customer. For example, there is a lack of correlation between the SSN range and date of birth. 12. Personal identifying information provided is associated with known fraudulent activity as indicated by internal or third-party sources used by the financial institution or creditor. For example: The address on an application is the same as the address provided on a fraudulent application; or The phone number on an application is the same as the number provided on a fraudulent application. 13. Personal identifying information provided is of a type commonly associated with fraudulent activity as indicated by internal or third-party sources used by the financial institution or creditor. For example: The address on an application is fictitious, a mail drop, or a prison; or The phone number is invalid, or is associated with a pager or answering service. 14. The SSN provided is the same as that submitted by other persons opening an account or other customers. 4
15. The address or telephone number provided is the same as or similar to the account number or telephone number submitted by an unusually large number of other persons opening accounts or other customers. 16. The person opening the covered account or the customer fails to provide all required personal identifying information on an application or in response to notification that the application is incomplete. 17. Personal identifying information provided is not consistent with personal identifying information that is on file with the financial institution or creditor. 18. For financial institutions and creditors that use challenge questions, the person opening the covered account or the customer cannot provide authenticating information beyond that which generally would be available from a wallet or consumer report. Unusual Use of, or Suspicious Activity Related to, the Covered Account 19. Shortly following the notice of a change of address for a covered account, the institution or creditor receives a request for a new, additional, or replacement card or a cell phone, or for the addition of authorized users on the account. 20. A new revolving credit account is used in a manner commonly associated with known patterns of fraud patterns. For example: The majority of available credit is used for cash advances or merchandise that is easily convertible to cash (e.g., electronics equipment or jewelry); or The customer fails to make the first payment or makes an initial payment but no subsequent payments. 21. A covered account is used in a manner that is not consistent with established patterns of activity on the account. There is, for example: Nonpayment when there is no history of late or missed payments; A material increase in the use of available credit; A material change in purchasing or spending patterns; A material change in electronic fund transfer patterns in connection with a deposit account; or A material change in telephone call patterns in connection with a cellular phone account. 22. A covered account that has been inactive for a reasonably lengthy period of time is used (taking into consideration the type of account, the expected pattern of usage and other relevant factors). 23. Mail sent to the customer is returned repeatedly as undeliverable although transactions continue to be conducted in connection with the customer s covered account. 24. The financial institution or creditor is notified that the customer is not receiving paper account statements. 25. The financial institution or creditor is notified of unauthorized charges or transactions in connection with a customer s covered account. Notice from Customers, Victims of Identity Theft, Law Enforcement Authorities, or Other Persons Regarding Possible Identity Theft in Connection with Covered Accounts Held by the Financial Institution or Creditor 26. The financial institution or creditor is notified by a customer, a victim of identity theft, a law enforcement authority, or any other person that it has opened a fraudulent account for a person engaged in identity theft. Source: Identity Theft Red Flags and Address Discrepancies under the Fair and Accurate Credit Transactions Act of 2003, http://www.ftc.gov/os/2007/10/r611019redflagsfrn.pdf LexisNexis Risk & Information Analytics Group provides authoritative information concerning risk management and related subjects. In distributing these works neither the authors nor LexisNexis Risk & Information Analytics Group, or its affiliated companies, is engaged in rendering legal or other professional services. Competent professional persons should be considered and consulted if such assistance is required. This information is not intended to and does not constitute legal advice. The accuracy, completeness, adequacy or currency of the information is not warranted or guaranteed. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies. 2008 LexisNexis Risk & Information Analytics Group Inc. All rights reserved. No copyright is claimed as to any part of the original work prepared by a government officer or employee as part of that person s official duties. NXR01000-0 0408. 5
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