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Effective Dates of FACTA Provisions
by Mary Beth Guard

The ABA and other trade associations (ACB, CBA, CUNA, FS Roundtable, ICBA, MBA and NAFCU) more than earned your dues money this year just by procuring from the regulators a letter that provides greatly needed guidance on how the agencies expect to apply ten provisions of the FACT Act, six of which must be implemented by regulations or guidance adopted by the agencies, and four others which do not involve the publication of implementing rules. In the face of enormous uncertainty in the industry regarding when and how these FACTA sections would be deemed effective and when banks would need to comply, the ABA and other associations sought specific guidance and the agencies responded.

This chart summaries the effective date information included in the letter addressed to Nessa Feddis at ABA:

FACTA SectionSummaryWhen it becomes effective
Section 114
(FCRA Section 615(e))
Red Flag Guidelines and RegulationsNot effective until date specified in to-be-issued final guidance or rule.
Section 216
(FCRA Section 628)
Disposal of Consumer Report InformationNot effective until date specified in to-be-issued final guidance or rule. Agencies expect to issue a final rule by year-end.
Section 312(a)
(FCRA Section 623(e)(1))
Accuracy and Integrity Guidelines and RegulationsNot effective until date specified in to-be-issued final guidance or rule.
Section 312(c)
(FCRA Section 623(a)(8))
Ability of Consumer to Dispute Information with FurnisherNot effective until date specified in to-be-issued final guidance or rule.
Section 315
(FCRA Section 605(h)(2))
Reconciling AddressesNot effective until date specified in to-be-issued final guidance or rule.
Section 311
(FCRA Section 615(h))
Risk-Based Pricing NoticeSince the provisions in this section are enforceable only by the agencies, the agencies will establish the parameters for compliance, including the requirements for consumer notice, and will state the date for compliance. (Editor's note: So, even though the statute makes Section 311 effective 12/1/04, institutions will not have to comply until the regulators say they must.)
Section 112
(FCRA Section 605A)
Fraud and Active Duty AlertsEffective December 1, 2004. No rulemaking necessary.
Section 152
(FCRA Section 605B)
Blocking of Information Resulting from Identity TheftEffective December 1, 2004. No rulemaking necessary.
Section 154(a)-(b)
(FCRA Sections 615(f) and 623(a)(6))
Prevention of Repollution of Consumer ReportsEffective December 1, 2004. No rulemaking necessary.
Section 212(c)
(FCRA Section 609(g))
Disclosure of Credit ScoresEffective December 1, 2004. No rulemaking necessary.

Other provisions of the FACT Act have already taken effect, such as the requirements relating to providing application/transaction information to victims of identity theft, which took effect in June, 2004. See Lucy Griffin's FACTA Chart for further details.



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PART 1: Implementing the Identity Theft Provisions of the FACT Act

PART 2: New Notices and Responsibilities Under the FACT Act

PART 3: Implementing the Identity Theft Provisions of the FACT Act


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