FACTA: Fraud, Extended Alerts and Active Military Alerts

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David A. Szwak
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Joined: Tue Jul 26, 2005 4:15 am

FACTA: Fraud, Extended Alerts and Active Military Alerts

Post by David A. Szwak »

[u38][b38]Substance of alerts and users’ responsibilities to verify identity[/b38][/u38]. All three varieties of alerts must state that the consumer does not authorize new credit (other than an extension under an existing open-end credit account, that is, a credit card), an additional card on an existing account, or any increase in the credit limit of any existing account. Users have new responsibilities as well; a user may not proceed with a credit transaction unless the user “utilizes reasonable policies and procedures to form a reasonable belief that the user knows the identity of the person making the request.” Consumers may provide a telephone number in the alert which the user must use to verify the requester’s identity if the alert is an extended fraud alert, unless the consumer designated another reasonable method of contact. However, if the alert is an initial fraud alert or an active duty alert the user can “take reasonable steps” to verify the consumer’s identity instead of calling the consumer.
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Return to “FCRA Statute And Amendments: 15 U.S.C. 1681, et. seq.”