Identity Theft Red Flags and Address Discrepancies under the Fair and Accurate Credit Transactions Act of 2003 (FACT Act)

ICR 201601-1557-003

OMB: 1557-0237

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2016-02-01
IC Document Collections
IC ID
Document
Title
Status
44234
Modified
189397
Unchanged
ICR Details
1557-0237 201601-1557-003
Historical Active 201208-1557-004
TREAS/OCC 2006-01
Identity Theft Red Flags and Address Discrepancies under the Fair and Accurate Credit Transactions Act of 2003 (FACT Act)
Extension without change of a currently approved collection   No
Regular
Approved without change 04/05/2016
Retrieve Notice of Action (NOA) 02/05/2016
  Inventory as of this Action Requested Previously Approved
04/30/2019 36 Months From Approved 04/30/2016
1,444 0 2,010
161,034 0 223,860
0 0 0

Section 114 of the FACT Act amended section 615 of the Fair Credit Reporting Act (FCRA) to require the Agencies (OCC, FRB, FDIC, NCUA, and FTC) to issue jointly: • Guidelines for financial institutions and creditors regarding identity theft with respect to their account holders and customers (in developing the guidelines, the Agencies are required to identify patterns, practices, and specific forms of activity that indicate the possible existence of identity theft. The guidelines must be updated as often as necessary and cannot be inconsistent with the policies and procedures required under section 326 of the USA PATRIOT Act, 31 U.S.C. 5318(l).); • Regulations that require each financial institution and each creditor to establish reasonable policies and procedures for implementing the guidelines to identify possible risks to account holders or customers or to the safety and soundness of the institution or creditor; and • Regulations generally requiring credit and debit card issuers to assess the validity of change of address requests under certain circumstances. Section 315 of the FACT Act amended section 605 of the FCRA to require the Agencies to issue regulations providing guidance regarding reasonable policies and procedures that a user of consumer reports must employ when a user receives a notice of address discrepancy from a consumer reporting agency (CRA). These regulations were required to describe reasonable policies and procedures for users of consumer reports to: • Enable a user to form a reasonable belief that it knows the identity of the person for whom it has obtained a consumer report; and • Reconcile the address of the consumer with the CRA, if the user establishes a continuing relationship with the consumer and regularly and in the ordinary course of business furnishes information to the CRA.

PL: Pub.L. 108 - 159 114, 315 Name of Law: FACT Act
  
None

Not associated with rulemaking

  80 FR 72783 11/20/2015
81 FR 6340 02/05/2016
No

2
IC Title Form No. Form Name
Existing Respondents
New Respondents

  Total Approved Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 1,444 2,010 0 0 -566 0
Annual Time Burden (Hours) 161,034 223,860 0 0 -62,826 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
The decrease in burden is due to the availability of more accurate burden estimates.

$0
No
No
No
No
No
Uncollected
Andra Shuster 202 874-5090 andra.shuster@occ.treas.gov

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
02/05/2016


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