Douglas man arrested,

charged with acting as

car dealer without license

( CURBSTONER IN CAR DEALER LICENSE SLANG )

November 18, 2009

A 54-year-old Douglas County man was arrested Wednesday on a warrant charging him with selling cars with bogus odometer readings and acting as a car dealer without a license.

Nevada Department of Motor Vehicle’s Compliance Enforcement Division investigators said they had received several complaints alleging William Wilkins was selling cars in which odometer readings were not accurate, and that he was not a licensed car dealer.

Investigators worked with the Douglas County District Attorney’s Office which resulted in Wilkins being charged in a warrant with six counts of obtaining money under false pretenses, one count of concealment of a salvage brand on a title and one count of being an ex-felon in possession of a firearm.

No further details were known about the allegations, or the nature of how the cars were being sold.

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Posted: November 19th, 2009
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The most important thing to understand about implementation of the Red Flag Rules is that it is a common sense exercise. However, a dealer cannot pretend that it will be easy.

The Red Flag Rules are different from the Information Safeguards Rule. The Information Safeguards Rule is a “Thou Shalt Not” obligation: “thou shalt not leave deal folders lying around”, or ” thou shalt not leave file drawers unlocked.”

In contrast, the Red Flag Rules require dealership employees to affirmatively exercise judgment and discretion to know the customer in every transaction.

In fact, falling victim to an identity thief is not a violation of the red flag rules. The rules envision the fact that there will always be cunning thieves who will find their way through any red flag program.

The rules account for that by imposing an update requirement so that the dealership’s program can be changed in the event it learns of a new way to defeat its red flag rules effort.

The compliance obligation of a dealer is to follow the Rules issued by the FTC. Failure to implement and maintain a program according to the FTC Rules is the violation, not an instance of identity theft.

Compliance with the Rules is important to the dealership’s customers and to the protection of the dealership and its employees.

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* The Program should explain how to respond to red flags.

If dealership employees have concerns because of one or more indicators of potential identity theft, what should their response be? Quite clearly, common sense should take over and employees should do more to ensure that they’re not dealing with an identity thief.

The first step is to engage the customer to get more information that explains any discrepancy, such as a utility bill to explain a difference in address. If dealership personnel are still concerned that they might be dealing with an identity thief, then the obvious response is to slow down the deal and get sufficient information to make a reasoned decision whether to do the deal at all.

If the deal is done and the dealership later learns that it dealt with an identity thief, then it must ask itself whether it should contact the correct person. And should it notify law enforcement? And should it contact the assignee of the finance contract to stop collection efforts? The program must detail methods to prevent and mitigate identity theft.

FTC Red Flag Rules

Dealing with a Data Breach

Information Compromise

and the Risk of Identity Theft:

Guidance for Your Business

These days, it is almost impossible to be in business and not collect or hold personally identifying information — names and addresses, Social Security numbers, credit card numbers, or other account numbers — about your customers, employees, business partners, students, or patients. If this information falls into the wrong hands, it could put these individuals at risk for identity theft.

Still, not all personal information compromises result in identity theft, and the type of personal information compromised can significantly affect the degree of potential damage. What steps should you take and whom should you contact if personal information is compromised? Although the answers vary from case to case, the following guidance from the Federal Trade Commission (FTC), the nation’s consumer protection agency, can help you make smart, sound decisions. Check federal and state laws or regulations for any specific requirements for your business.

Notifying Law Enforcement

When the compromise could result in harm to a person or business, call your local police department immediately. Report your situation and the potential risk for identity theft. The sooner law enforcement learns about the theft, the more effective they can be. If your local police are not familiar with investigating information compromises, contact the local office of the FBI or the U.S. Secret Service. For incidents involving mail theft, contact the U.S. Postal Inspection Service. Check the blue pages of your telephone directory or an online search engine for the number of the nearest field office.

Notifying Affected Businesses

Information compromises can have an impact on businesses other than yours, such as banks or credit issuers. If account access information — say, credit card or bank account numbers — has been stolen from you, but you do not maintain the accounts, notify the institution that does so that it can monitor the accounts for fraudulent activity. If you collect or store personal information on behalf of other businesses, notify them of any information compromise, as well.

If names and Social Security numbers have been stolen, you can contact the major credit bureaus for additional information or advice. If the compromise may involve a large group of people, advise the credit bureaus if you are recommending that people request fraud alerts for their files. Your notice to the credit bureaus can facilitate customer assistance.

Equifax
U.S. Consumer Services
Equifax Information Services, LLC.
Phone: 678-795-7971
Email: businessrecordsecurity@equifax.com

Experian
Experian Security Assistance
P.O. Box 72
Allen, TX 75013
Email: BusinessRecordsVictimAssistance@experian.com

TransUnion
Phone: 1-800-372-8391

If the information compromise resulted from the improper posting of personal information on your Web site, immediately remove the information from your site. Be aware that Internet search engines store, or “cache,” information for a period of time. You can contact the search engines to ensure that they do not archive personal information that was posted in error.

Notifying Individuals

Generally, early notification to individuals whose personal information has been compromised allows them to take steps to mitigate the misuse of their information. In deciding if notification is warranted, consider the nature of the compromise, the type of information taken, the likelihood of misuse, and the potential damage arising from misuse. For example, thieves who have stolen names and Social Security numbers can use this information to cause significant damage to a victim’s credit record. Individuals who are notified early can take some steps to prevent or limit any harm.

When notifying individuals, the FTC recommends that you:

• consult with your law enforcement contact about the timing of the notification so it does not impede the investigation.
• designate a contact person within your organization for releasing information. Give the contact person the latest information about the breach, your response, and how individuals should respond. Consider using letters (see sample below), Web sites, and toll-free numbers as methods of communication with those whose information may have been compromised.

It is important that your notice:

• describes clearly what you know about the compromise. Include how it happened; what information was taken, and, if you know, how the thieves have used the information; and what actions you have taken already to remedy the situation. Explain how to reach the contact person in your organization. Consult with your law enforcement contact on exactly what information to include so your notice does not hamper the investigation.
• explains what responses may be appropriate for the type of information taken. For example, people whose Social Security numbers have been stolen should contact the credit bureaus to ask that fraud alerts be placed on their credit reports. See www.ftc.gov/idtheft for more complete information on appropriate follow-up after a compromise.
• includes current information about identity theft. The FTC’s Web site at www.ftc.gov/idtheft has information to help individuals guard against and deal with identity theft.
• provides contact information for the law enforcement officer working on the case (as well as your case report number, if applicable) for victims to use. Be sure to alert the law enforcement officer working your case that you are sharing this contact information. Identity theft victims often can provide important information to law enforcement. Victims should request a copy of the police report and make copies for creditors who have accepted unauthorized charges. The police report is important evidence that can help absolve a victim of fraudulent debts.
• encourages those who discover that their information has been misused to file a complaint with the FTC at www.ftc.gov/idtheft or at 1-877-ID-THEFT (877-438-4338). Information entered into the Identity Theft Data Clearinghouse, the FTC’s database, is made available to law enforcement.

Model Letter

This model letter is provided as an example of how businesses might notify people whose names and Social Security numbers have been stolen. In cases of stolen Social Security numbers, it is important that people place a fraud alert on their credit reports. A fraud alert may hinder identity thieves from getting credit with stolen information because it is a signal to creditors to contact the consumer before opening new accounts or changing existing accounts. Potential victims of a theft also should review their credit reports periodically to keep track of whether their information is being misused. For some victims, weeks or months may pass between the time the information is stolen and the time it is misused.

For More Information

This publication provides general guidance for an organization that has experienced an information compromise. If you would like more individualized guidance, you may contact the FTC at idt-brt@ftc.gov. Please provide information regarding what has occurred, including the type of information taken, the number of people potentially affected, your contact information, and contact information for the law enforcement agent with whom you are working. The FTC can prepare its Consumer Response Center for calls from the people affected, help law enforcement with information from its national victim complaint database, and provide you with additional guidance as necessary. Because the FTC has a law enforcement role with respect to information privacy, if you prefer to seek guidance anonymously, you may do so.

The FTC works for the consumer to provide information on identity theft. To file a complaint or to get free information on ID theft issues, visit www.ftc.gov/idtheft or call toll-free 1-877-IDTHEFT (877-438-4338). The FTC enters identity theft complaints into the Identity Theft Data Clearinghouse, a secure online database available to law enforcement agencies.

Your Opportunity to Comment

The National Small Business Ombudsman and 10 Regional Fairness Boards collect comments from small businesses about federal compliance and enforcement activities. Each year, the Ombudsman evaluates the conduct of these activities and rates each agency’s responsiveness to small businesses. Small businesses can comment to the Ombudsman without fear of reprisal. To comment, call toll-free 1-888-REGFAIR (1-888-734-3247) or go to www.sba.gov/ombudsman.

Fair and Accurate

Credit Transactions Act

From Wikipedia, the free encyclopedia

The Fair and Accurate Credit Transactions Act of 2003 (FACT Act or FACTA, Pub.L. 108-159) is a United States federal law, passed by the United States Congress on November 22, 2003,^[1] and signed by President George W. Bush on December 4, 2003,^[2] as an amendment to the Fair Credit Reporting Act. The act allows consumers to request and obtain a free credit report once every twelve months from each of the three nationwide consumer credit reporting companies (Equifax, Experian and TransUnion). In cooperation with the Federal Trade Commission, the three major credit reporting agencies set up the website, annualcreditreport.com, to provide free access to annual credit reports.^[3]

The act also contains provisions to help reduce identity theft, such as the ability for individuals to place alerts on their credit histories if identity theft is suspected, or if deploying overseas in the military, thereby making fraudulent applications for credit more difficult. Further, it requires secure disposal of consumer information.

//

Provisions

The FACT Act contains seven major titles: Identity Theft Prevention and Credit History Restoration, Improvements in Use of and Consumer Access to Credit Information, Enhancing the Accuracy of Consumer Report Information, Limiting the Use and Sharing of Medical Information in the Financial System, Financial Literacy and Education Improvement, Protecting Employee Misconduct Investigations, and Relation to State Laws.^[4]

Identity Theft Prevention and

Credit History Restoration

This title of the act contains provisions that deal mainly with the prevention of identity theft. In particular, it establishes new regulations concerning ‘fraud alerts’ and ‘active duty alerts’, establishes new limitations on the printing of customers’ credit card numbers on receipts, and prescribes that new regulations be established by certain government agencies regarding the detection of identity theft by financial institutions and creditors.

Fraud Alerts

The title requires that consumer reporting agencies, upon the request of a consumer who believes he is or about to be a victim of fraud or any other related crime, must place a fraud alert on that consumer’s file for at least 90 days, and notify all other consumer reporting agencies of the fraud alert. Furthermore, such consumer may request an extended fraud alert, in which case requires the reporting agency to disclose this fraud alert in any credit score that it issues for the consumer during a seven year period. An extended alert also requires the reporting agency to exclude the consumer from any list distributed to third parties for the purpose of extending credit or offering insurance to that consumer. The title also provides for any active duty member to request an active duty alert, which requires the reporting agency to disclose such alert with any credit report issued within 12 months of the request and to exclude the active duty member from any list distributed to third parties for the purpose of extending credit or offering insurance for two years from the request.^[5]

Truncation of Credit and Debit Card Numbers

The act also prohibits businesses from printing more than 5 digits of any customer’s card number or card expiration date on any receipt provided to the cardholder at the point of sale or transaction. The provision excludes receipts that are handwritten or imprinted, where the only method of recording the credit card number is by such means. The act did not become effective for three years after its enactment for any cash register manufactured before January 1, 2005 and did not become effective for one year after its enactment for any cash register manufactured after January 1, 2005.^[6]

Identification of Possible Instances of

Identity Theft (Red Flag Rules)

The act established so called Red Flag Rules, which required the Federal banking agencies, the National Credit Union Administration, and the Federal Trade Commission to jointly create regulations regarding identity theft prevention applicable to financial institutions and creditors. The Red Flag Rules also address how card issuers must respond to changes of address.^[7] Regulations that were established as a result include^{[citation needed]}:

• One that requires financial institutions or creditors to develop and implement an Identity Theft Prevention Program in connection with both new and existing accounts. The Program must include reasonable policies and procedures for detecting, preventing, and mitigating identity theft;

• Another that requires users of consumer reports to respond to Notices of Address Discrepancies that they receive; and

• A third that places special requirements on issuers of debit or credit cards to assess the validity of a change of address if they receive notification of a change of address for a consumer’s debit or credit card account and, within a short period of time afterward they receive a request for an additional or replacement card for the same account.

Another key item was the requirement that mortgage lenders provide consumers with a Credit Disclosure Notice that included their credit scores, range of scores, credit bureaus, scoring models, and factors affecting their scores. This form is typically available from credit reporting agencies, and many will send this directly to the consumer on the lenders’ behalf.

Confusion with the Scope of the Red Flag Rules

Financial institutions faced a mandatory deadline of November 1, 2008, to comply with the Red Flag Rules,^[8] section 114 and 315 of the Fair and Accurate Credit Transactions (FACT) Act. However, due to widespread confusion over coverage under the act, specifically whether the term “creditor” applies to particular businesses, the FTC postposed the deadline for compliance with Section 315 to May 1, 2009.

According to a Business Alert issued by the Federal Trade Commission in June 2008,^[9] the Red Flag Rules apply to a very broad list of businesses including “financial institutions” and “creditors” with “covered accounts”. A “creditor” is defined to include “lenders such as banks, finance companies, automobile dealers, mortgage brokers, utility companies and telecommunications companies”. However, this is not an all-inclusive list.

The regulations apply to all businesses that have “covered accounts”. A “covered account” includes any account for which there is a foreseeable risk of identity theft. For example, credit cards, monthly billed accounts like utility bills or cell phone bills, social security numbers, drivers license numbers, medical insurance accounts, and many others. This significantly expands the definition to include all companies, regardless of size that maintain, or otherwise possess, consumer information for a business purpose. Because of the broad definitions in these regulations, few businesses will be able to escape these requirements.^{[citation needed]}

Protection and Restoration of

Identity Theft Victim Credit History

Summary of Rights of Identity Theft Victims

Provisions in this title require that the Federal Trade Commission, in consultation with the Federal banking agencies and the National Credit Union Agency, “prepare a model summary of the rights of consumers … with respect to the procedures for remedying the effects of fraud or identity theft…”. Beginning sixty days after the summary of these rights were established, all reporting agencies are required to provide a copy of this summary to any consumer that contacts an agency and states that he believes he has been a victim of fraud or identity theft.^[10]

Blocking of Information Resulting from

Identity Theft

The Act also allows requires any reporting agency to block the reporting of any information in a consumer’s file that the consumer identifies as information that originated from an alleged identity theft. Such agency must block the information within four days of receiving proof, a copy of an identity theft report, the identification of the information by the consumer, and a statement from the consumer that the information is not a result of any transaction he participated in.

Agencies are not required to block any information (and may rescind any existing blocks) in the case that the block was found to be made in error or based on erroneous information as provided by the consumer, or that the consumer “obtained possession of goods, services, or money as a result of the blocked transaction or transactions.^[11]

Coordination of Identity Theft Complaint Investigations

This section requires that all consumer reporting agencies develop a means of communicating to each other consumer complaints regarding fraud or identity theft, or requests for fraud alerts or blocks. Furthermore, the section requires that each consumer reporting agency release a report each year to the Federal Trade Commission of fraud alert requests and complaints involving fraud or identity theft received by the reporting agency. Finally, the section requires the Federal Trade Commission to set-up a means by which consumers can contact the reporting agencies and creditors with a complaint involving identity theft or fraud.^[12]

Criticism

After its enactment, some consumer advocacy groups criticised the FACT Act claiming that it preempts some stricter and already-existing state regulations, and provides exceptions that are ‘far too generous’ to new regulations regarding disclosure of personal information by banks as found in the act.^[13] Furthermore, an article in the Washington Post criticised the difficulty in retrieiving the credit reports in some of the states that were first eligible under the act.^[14].

Preemption of State Laws

According to U.S. Pirg, a U.S. public advocacy group, Vermont, Colorado, Georgia, Maine, Maryland, Massachuseets, New Jersey, and California had all established laws by 1994 requiring credit bureaus to provide a free credit report on demand. However, according to U.S. Pirg, “[w]ith the FACT Act, the financial industry won its primary goal: permanent preemption of stronger state credit and privacy laws.”^[15].

Difficulty in Obtaining Credit Reports

An article dated March 13, 2005 and published in the Washington Post stated that while “[r]esidents of six East Coast states — Maryland, Georgia, Maine, Massachusetts, New Jersey and Vermont — are already eligible for free reports from all three agencies as a result of state laws”, the phone numbers provided to request these reports connected to automated systems that the article described as “maddening in their complexity and unforgiving if your circumstances vary from the system’s programming.”. Furthermore, the article criticised the fact that the automated systems forced consumers to “navigate a thicket of recorded information — including sales pitches for their products, such as a credit ’score’ (an evaluation of your creditworthiness) or a ‘monitoring’ service to help guard against identity theft”.^[14]

References

See also

• Fair Credit Reporting Act
• Political and Economic Research Council — think tank that did much of the research on FACTA

External links

• White House press release
• Full text of the “Fair and Accurate Credit Transactions Act of 2003″

Review: ‘Surrogates’ is a robotic retread
By Jake Coyle

THE ASSOCIATED PRESS

“Surrogates” is itself a surrogate, a kind of stand-in for many of the sci-fi movies of the recent past: In it, you’ll recognize the ideas of “Blade Runner,” “Minority Report” and even “WALL-E.”

The Bruce Willis action flick opens with two murders — the first in years in a quasi-present day Boston. Technology has advanced enough so that nearly everyone has a surrogate — or “surry” for short. While reclining at home and plugged into a machine, people control a robotic version of themselves that safely maneuvers through the world in all of its slings and arrows.

The surrogates are a fantasy version of one’s self — cosmetically perfect, thinner, younger and sometimes of the opposite sex. (This means, most importantly, that we have a blond Bruce Willis on our hands.)

Yes, like James Bond, John McClane has gotten the Ken doll treatment. For an aging action star, the pseudo Willis is almost a pun, a wink at moviegoers’ need for stars that never age.

Willis is an FBI agent named Greer who, along with his partner (Radha Mitchell), is trying to solve the murders which, though committed on surrogates, also “liquefied” the brains of their human operators.

The police, too, have surrogates. When Greer — himself, not his doppelganger — rolls out of his bedroom after a long night as himself, the attractive surrogate of his wife (Rosamund Pike) sighs at the sight of her bald and wrinkly husband.

The surrogates are a clear metaphor for the virtual reality that’s already upon us. It’s a subject popular in Hollywood these days, given the recent Gerard Butler film “Gamer” and James Cameron’s upcoming “Avatar.”

Having a robotic stand-in has some obvious perks: Sexuality is less inhibited. If you fall, you don’t scrape your elbows. And if your helicopter crashes, you don’t die.

But this crime-less utopia is also a superficial wasteland, devoid of meaningfulness. As the investigation into the murders goes deeper, a plot to destroy the network becomes unfurled.

It has something to do with VSI, the company that created surrogates. (Its slogan: “Life … only better.”) One of the founders of VSI (James Cromwell) is having inventor’s remorse. Some also choose to live in human-only areas; the leader of these renegades is played by a dreadlocked Ving Rhames.

“We’re not meant to experience the world through a machine,” Rhames’ character announces.
It’s an ironic sentiment coming from a film projector beamed into a state-of-the-art movie theater.

“Surrogates,” directed by Jonathan Mostow (“Terminator 3: Rise of the Machines”), is adapted from a graphic novel by Robert Venditti. If anyone hasn’t noticed yet, graphic novels are — for better or worse — the new pulp fiction.

Like those hard-boiled novels of the `40s that Hollywood couldn’t get enough of, graphic novels are fueling what once would have been called B-movies. At its best, that’s what “Surrogates” is: a quality B-movie, pulpy and very much reflective of its times. The film isn’t shy about its feelings about technology — it’s time to unplug. It laments a culture that medicates pain away and has its head in virtual realms.

It’s hard to miss the message or the nihilistic glee the film takes in seeing a world of robot surrogates suddenly collapse — a Second Life apocalypse that effectively forces society to unplug and step outside.

The Internet, though, is here to stay. Dreams of a computer-less society are as much fantasy as a blond Bruce Willis.

“Surrogates” is rated PG-13 for intense sequences of violence, disturbing images, language, sexuality and a drug-related scene. Two stars out of four.