FACTA – Fair and Accurate Credit Transactions Act
A small business can be liable to a federal fine of $2,500 per employee or even a class-action lawsuit under FACTA laws.
Congress passed FACTA legislation in 2003 to protect consumers against identity theft and other forms of consumer fraud. FACTA Disposal Rules were added regarding the disposal of confidential customer, employee and vendor records. The law requires the destruction — “shredding or burning” or “smashing or wiping” — of all paper, electronic devices or computer disks containing personal information “derived from a consumer report” before it is discarded. If a business does not comply with FACTA, they face potential civil liabilities, state fines, federal fines, and class-action lawsuits.
FTC: The Disposal Rule applies to consumer reports or information derived from consumer reports. The Fair Credit Reporting Act defines the term consumer report to include information obtained from a consumer reporting company that is used – or expected to be used – in establishing a consumer’s eligibility for credit, employment, or insurance, among other purposes. Examples of consumer reports include credit reports, credit scores, reports businesses or individuals receive with information relating to employment background, check writing history, insurance claims, residential or tenant history, or medical history.
FTC FACTA links: http://www.ftc.gov/os/statutes/fcrajump.shtm
Do you know how the FACTA Disposal rule affects your business? Proper legal advice is needed for you determine what security measures need to be implemented to protect you and your business.