The Fair and Accurate Credit Transactions Act of 2003 also known as the FACT Act was signed into law on December 4, 2003. In general, the Act amends the Fair Credit Reporting Act (FCRA). The Act contains a number of provisions intended to combat consumer fraud and related crimes, including identity theft, and to assist its victims. Specifically the act requires the destruction of PAPERS CONTAINING CONSUMER INFORMATION. It is hard to imagine any business or organization that is not bound by this law.

The proposed DISPOSAL RULE under FACTA:

Sec. 682.3 Proper disposal of consumer information.

A) Standard. Any person who maintains or otherwise possesses consumer information, or any compilation of consumer information, for a business purpose must properly dispose of such information by taking reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal.

B) Examples. Reasonable measures to protect against unauthorized access to or use of consumer information in connection with its disposal would include implementing and monitoring compliance with policies and procedures that require the burning, pulverizing, or shredding of papers containing consumer information so that the information cannot practicably be read or reconstructed.

Posted In: