Federal Reserve Board Finalizes Rule Amending Red Flags Rule

more+
less-

The FRB repealed its several regulations including Regulation DD, Truth in Savings and, Regulation P, Privacy of Consumer Financial Information. The Dodd-Frank Act granted rulemaking authority for a number of consumer financial protection laws to the CFPB. The CFPB adopted interim final rules substantially similar to the FRB’s Regulation DD and Regulation P, and as a result, the FRB repealed its Regulation  DD and Regulation P.

In conjunction with the repeal of Regulations DD and P, the FRB also issued final amendments to its Identity Theft Red Flags rule in Regulation V, the implementing regulation for the Fair Credit Reporting Act. The Identity Theft Red Flags rule requires financial institutions and creditors to adopt identity theft prevention programs. The amendments to the rule amend the definition of “creditor” and updates a cross-reference in Supplement A to Appendix J to reflect a transfer of rulemaking authority to the CFPB. In particular, the amendments clarify in amending the definition of “creditor” and in connection with certain amendments to the Fair Credit Reporting Act, that the Red Flags rule only applies to creditors that regularly extend credit or obtain consumer reports in the ordinary course of their business to reflect a transfer of rulemaking authority to the CFPB. The Identity Theft Red Flags rule, however, still applies to all financial institutions whether they meet the revised definition of “creditor.”

The repeal of Regulation DD and Regulation P and the amendment to the Identity Theft Red Flags rule become effective on June 30, 2014.

IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this informational piece (including any attachments) is not intended or written to be used, and may not be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

 

Topics:  Data Protection, Dodd-Frank, Federal Reserve, Red Flags Rule, Regulation DD, Regulation P, Truth in Savings Act

Published In: Consumer Protection Updates, Finance & Banking Updates, Privacy Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Goodwin Procter LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »