Red Flag Rules Clarified
The Red Flag Program Clarification Act of 2010, passed in December, amends the Fair Credit Reporting Act with respect to the "Identity Theft Red Flags Rule," to define creditor to mean one that regularly and in the ordinary course of business:
"(1) obtains or uses consumer reports, directly or indirectly, in connection with a credit transaction;
(2) furnishes information to certain consumer reporting agencies in connection with a credit transaction; or
(3) advances funds to or on behalf of a person, based on the person's obligation to repay the funds or on repayment from specific property pledged by or on the person's behalf. Includes in the definition any other type of creditor as the federal agency (banking agency, National Credit Union Administration, or the Federal Trade Commission [FTC]) having authority over that creditor may determine appropriate, if the creditor offers or maintains accounts subject to a reasonably foreseeable risk of identity theft. Excludes from the definition of creditor, however, any creditor that advances funds on behalf of a person for expenses incidental to a service the creditor provides to that person."
Prior to this clarification, the definition of creditor was arguably broad enough to professional offices like doctors, accountants, and lawyers, which are now exempted.
http://www.consumerfinancelitigation.com/admin/trackback/236202
