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Civil Liability:
FACTA provides for civil liabilities that are substantial. Consumers may Be entitled to recoup actual damages resulting from violation of the FACTA rules. In the case of Identity Theft losses can be enormous. What is the worth of someone’s good name? In most cases consumers may be able to recover statutory damages of up to $1000 for each per consumer affected by a violation of the rule.
State Enforcement:
The Law allows Individual States to impose fines on behalf of their residents and may fine up to $1000.00 for each willful or negligent violation.
Federal Enforcement:
The Federal Government is authorized to bring enforcement actions in Federal District Court for violations of the FACTA disposal rules. And the Federal court may impose fines of up to $2500.00 for each independent violation.
• Call the fraud units of the three major credit bureaus and request a "fraud alert" be placed on your credit file. Check your monthly financial statements for accuracy.
• Order copies of your credit report from the credit bureaus to check whether any fraudulent accounts were opened without your knowledge or consent.
• Credit reporting Bureaus
Report suspected credit card fraud to the three major credit reporting bureaus, which you may contact online or by phone:
Equifax: 800-525-6285 • Experian: 888-397-3742 • TransUnion: 800-680-7289
• Contact your banks and creditors, by phone and in writing, and report the crime. You may be advised to close some or all of your accounts. At the least, change your PIN codes and passwords immediately.
• Record the names and phone numbers of people with whom you discussed your case and retain all original reports and supporting documents. Keeping accurate and complete records are a big step toward helping you resolve your problem.
• Contact your financial institutions and request they flag your accounts. instruct them to contact you immediately if there is unusual activity on your accounts.
• File your complaint online with the federal Trade Commission, or call their Identity Theft Hotline at 1-877-IDTHEFT. The FTC has counselors to assist identity theft victims with resolving financial and other problems that can result from this crime.
DID YOU KNOW...
For every ton (2000 pounds) of paper that is recycled, you save:
• 17 small trees
• 3 cubic yards of landfill space
• 7000 gallons of water (amount saved by producing paper from recycled material versus virgin pulp)
The Federal Trade Commission (FTC) issued the FACTA Disposal Rule. the Law specifically singles out ….
• Lenders * Employers * Insurers * Landlords * Government Agencies *
Mortgage Brokers * and Automobile Dealers….
FACTA Requires the DESTRUCTION of CONSUMER information before it is DISCARDED all consumer information is considered private and confidential.
The FTC’s FACTA Disposal Rule states, “any person who maintains or otherwise possesses consumer information for a business purpose” must destroy discarded consumer information.
It further declares that every person and or Business in the U.S. “must properly dispose of such information by taking REASONABLE MEASURES to protect against unauthorized access to or use of the Information in connection with its disposal”
FACTA defines REASONABLE MEASURES as “burning, pulverizing, or shredding of papers containing consumer information”. Or entering into “a contract with another party engaged in the Business of records destruction to dispose of material, specifically identified as consumer information. In a manner consistent with this rule.”
What Is FACTA?
FACTA or the (FACT ACT) is the Fair and Accurate Credit Transaction Act of 2003 (FACTA), is a BRAND NEW FEDERAL LAW. It is designed to reduce the risk of Consumer Fraud and Identity Theft, created by improper disposal of consumer Information.
FACTA will help educate and protect Businesses and Consumers. For example, Consumers will have the right to one free credit report annually from the national repositories and national specialty credit reporting agencies.
President Bush signed the FACTA Law On December 4, 2003. This legislation contains significant amendments to the Fair Credit Reporting Act on a broad scope of topics and issues. For a initial analysis of FACTA and the many changes it makes to the Fair Credit Reporting Act (FCRA) go online to the National Consumer Law Center at http://www.consumerlaw.org/initiatives/facta/nclc_analysis.shtml
What Businesses should know about the FACTA Disposal rule:
• Severe Penalties await Violators
• Destruction of Consumer Information is required by Federal Law before it is Discarded
• It Applies to Virtually Every Business and Person in the United States
FACTA puts a bite in the PRIVACY LAWS and it requires all Businesses
DESTROY Documents containing CONSUMER INFORMATION !
Links of Interest: www.naidonline.org www.hipaacomply.com
www.healthprivacy.org www.privacilla.org

Approximately 45% of all North American paper is currently collected and recycled. Every 1200 pounds or 540 kilos of paper recycled will save approximately 8 trees.