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ID Theft Red Flags and
Address Discrepancy Regulations


Part 222 -- FAIR CREDIT REPORTING (Regulation V)
Subpart J -- Identity Theft Red Flags


§ 222.91 -- Duties of card issuers regarding changes of address.

(a) Scope. This section applies to a person described in §222.90(a) that issues a debit or credit card (card issuer).

(b) Definitions. For purposes of this section:
   (1) Cardholder means a consumer who has been issued a credit or debit card.
   (2) Clear and conspicuous means reasonably understandable and designed to call attention to the nature and significance of the information presented.

(c) Address validation requirements. A card issuer must establish and implement reasonable policies and procedures to assess the validity of a change of address if it receives notification of a change of address for a consumer's debit or credit card account and, within a short period of time afterwards (during at least the first 30 days after it receives such notification), the card issuer receives a request for an additional or replacement card for the same account. Under these circumstances, the card issuer may not issue an additional or replacement card, until, in accordance with its reasonable policies and procedures and for the purpose of assessing the validity of the change of address, the card issuer:
   (1)(i) Notifies the cardholder of the request:
         (A) At the cardholder's former address; or
         (B) By any other means of communication that the card issuer and the cardholder have previously agreed to use; and
      (ii) Provides to the cardholder a reasonable means of promptly reporting incorrect address changes; or
   (2) Otherwise assesses the validity of the change of address in accordance with the policies and procedures the card issuer has established pursuant to §222.90 of this part.

(d) Alternative timing of address validation. A card issuer may satisfy the requirements of paragraph (c) of this section if it validates an address pursuant to the methods in paragraph (c)(1) or (c)(2) of this section when it receives an address change notification, before it receives a request for an additional or replacement card.

(e) Form of notice. Any written or electronic notice that the card issuer provides under this paragraph must be clear and conspicuous and provided separately from its regular correspondence with the cardholder.




RESOURCES

Red Flags Examples
  • Examples of Red Flags
     PDF   HTML

    Law
  • FACT Act in PDF

    Discussions
  • FCRA/FACT Act Forum
  • Selected ID Theft Red Flags Threads

    Final Red Flags and Address Discrepancy Rules
  • Federal Register Notice PDF  TXT
    (includes prefatory comments)

    Articles
  • Compilation of articles on Red Flags and ID Theft

    ID Theft Red Flag Tools
  • Red Flag Account Warnings
  • FCRA - Identity Theft Protection Provider Worksheet

    Other FACT Act Links
  • BOL's Launch Pad
  • BOL's Tracking FACT Act Developments page

    Regulatory Guidance
  • Interagency FAQ: Identity Theft Red Flags and Address Discrepancies (6/11/09)
  • Interagency Guidance: Response Programs for Data Breaches (12/1/05)
  • Fraudulent Regulatory Agency Issuances OCC Alert on phishing attempts, 7/31/07
  • Internet Banking Fraud FDIC FIL on phishing scams, 9/13/04
  • FDIC Warns About Fraudulent Info Requests, 9/10/04
  • FDIC Guidance: Safeguarding Customers Against E-Mail and Internet Scams, 3/15/04
  • Customer ID Theft: E-Mail Scams OCC, 9/12/03
  • ID Theft and Pretext Calling FRB, 4/26/01
  • Identity Theft and Assumption Deterrence Act of 1998 FDIC FIL-100-99, 10/29/99

    Government Websites
  • FTC FCRA page
  • Justice Department ID Theft page



  • First published on BankersOnline.com 8/4/2008



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