Branch Avenue Pawn, Inc. 3128 Branch Ave Temple Hills, MD 20748
Effective beginning May 1st, 2009
I. PROGRAM ADOPTION
Branch Avenue Pawn, Inc. developed this Identity Theft Prevention Program ("Program") pursuant to the Federal Trade Commission's Red Flags Rule (“Rule”), which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C. F. R. § 681.2. This Program was developed for Branch Avenue Pawn, Inc. with oversight and approval of the store manager, president and vice president of the company. After consideration of the size and complexity of Branch Avenue Pawn, Inc.'s operations and account systems, and the nature and scope of Branch Avenue Pawn, Inc.'s activities, the store manager, president and vice president of the company have determined that this Program was appropriate for Branch Avenue Pawn, Inc., and therefore approved this Program on April 29th, 2009.
II. PURPOSE AND DEFINITIONS
A. Establish an Identity Theft Prevention Program
To establish an Identity Theft Prevention Program designed to detect, prevent and mitigate identity theft in connection with the opening of a covered account or an existing covered account and to provide for continued administration of the Program in compliance with Part 681 of Title 16 of the Code of Federal Regulations implementing Sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003.
B. Establishing and Fulfilling Requirements of the Red Flags Rule
The Red Flags Rule (“Rule”) defines “Identity Theft” as “fraud committed using the identifying information of another person” and a “Red Flag” (“Red Flag”) as a pattern, practice, or specific activity that indicates the possible existence of Identity Theft.
Under the Rule, every financial institution and creditor is required to establish an “Identity Theft Prevention Program” tailored to its size, complexity and the nature of its operation. The Program must contain reasonable policies and procedures to:
1. Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program;
3. Detect Red Flags that have been incorporated into the Program;
5. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft; and
7. Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from Identity Theft.
C. Red Flags Rule definitions used in this Program
Company: Branch Avenue Pawn, Inc.
Covered Account: Under the Rule, a “covered account” is:
1. Any account Branch Avenue Pawn, Inc. offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and
3. Any other account Branch Avenue Pawn, Inc. offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the Branch Avenue Pawn, Inc. from Identity Theft.
Creditors: The Rule defines creditors “to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non-profit and government entities defer payment for goods or services, they, too, are to be considered creditors.”
Identifying Information is defined under the Rule as “any name or number that may be used, alone or in conjunction with any other information, to identify a specific person,” including: name, address, telephone number, social security number, date of birth, government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer’s Internet Protocol address, or routing code.
Program: Identity Theft Prevention Program.
Program Administrator: Branch Avenue Pawn, Inc’s store manager, is the Program Administrator for the Program.
III. IDENTIFICATION OF RED FLAGS.
In order to identify relevant Red Flags, Branch Avenue Pawn, Inc. considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with Identity Theft. Branch Avenue Pawn, Inc. identifies the following red flags, in each of the listed categories:
A. Suspicious Documents
1. Identification document or card that appears to be forged, altered or inauthentic;
3. Identification document or card on which a person’s photograph or physical description is not consistent with the person presenting the document;
5. Other document with information that is not consistent with existing customer information (such as a person’s signature on a pawn or buy ticket).
B. Suspicious Personal Identifying Information
1. Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates, lack of correlation between Social Security number range and date of birth);
3. A person’s identifying information is not consistent with the information that is on file for the customer;
5. Identifying information presented that is the same as information shown on other applications that were found to be fraudulent;
7. State Drivers License number presented that is the same as one given by another customer;
9. An address presented that is the same as that of another person;
11. A person fails to provide complete personal identifying information on an application when reminded to do so or an applicant cannot provide information requested beyond what could commonly be found in a purse or wallet; and
C. Suspicious Account Activity or Unusual Use of Account
1. Notice to Branch Avenue Pawn, Inc. that an account has unauthorized activity;
3. Breach in the Branch Avenue Pawn, Inc.'s computer system security; and
5. Unauthorized access to or use of customer account information.
D. Alerts from Others
1. Notice to Branch Avenue Pawn, Inc. from a customer, identity theft victim, fraud detection service, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in Identity Theft.
IV. DETECTING RED FLAGS.
A. New Accounts
In order to detect any of the Red Flags identified above associated with the opening of a new account, Branch Avenue Pawn, Inc. personnel will take the following steps to obtain and verify the identity of the person opening the account:
1. Require certain identifying information such as name, date of birth, residential or business address, driver's license and or other identification necessary to complete the specific transaction;
3. Verify the customer's identity (for instance, review a driver's license or other government issued identification card);
5. Request additional documentation to establish identity pertinent to the specific transaction.
B. Existing Accounts
In order to detect any of the Red Flags identified above for an existing account, Branch Avenue Pawn, Inc. personnel will take the following steps to monitor transactions with an account:
1. Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email);
3. Verify the validity of requests to close accounts or change addresses; and
5. Verify changes in banking information given for billing and payment purposes that may apply to specific transactions.
PREVENTING AND MITIGATING IDENTITY THEFT
In the event Branch Avenue Pawn, Inc. personnel detect any identified Red Flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag:
Prevent and Mitigate
1. Not open a new account;
3. Refuse service if correct identification or documentation is not provided;
5. Notify the store manager for determination of the appropriate step(s) to take;
7. Notify law enforcement (if deemed necessary by store manager) ; or
9. Determine that no response is warranted under the particular circumstances.
Protect customer identifying information
In order to further prevent the likelihood of identity theft occurring with respect to Branch Avenue Pawn, Inc. accounts, Branch Avenue Pawn, Inc. will take the following steps with respect to its internal operating procedures to protect customer identifying information:
1. Ensure that its website is secure or provide clear notice that the website is not secure;
3. Where and when allowed, ensure complete and secure destruction of paper documents and computer files containing customer information;
5. Ensure that office computers are password protected and that computer screens lock after a set period of time;
7. Change passwords on office computers on a regular basis;
9. Ensure all computers are backed up properly and any backup information is secured;
11. Keep offices clear of papers containing customer information;
13. Ensure computer virus protection is up to date; and
15. Require and keep only the kinds of customer information that are necessary for Branch Avenue Pawn, Inc. purposes.
VI. PROGRAM UPDATES
This Program will be periodically reviewed and updated to reflect changes in risks to customers and the soundness of the Branch Avenue Pawn, Inc. from Identity Theft. At least annually, the store manager, president and vice president will consider the Branch Avenue Pawn, Inc.'s experiences with Identity Theft situation, changes in Identity Theft methods, changes in Identity Theft detection and prevention methods, changes in types of accounts the Branch Avenue Pawn, Inc. maintains and changes in the Branch Avenue Pawn, Inc.'s business arrangements with other entities, consult with law enforcement authorities, and consult with other City personnel. After considering these factors, the Program Administrator will determine whether changes to the Program, including the listing of Red Flags, are warranted. If warranted, the Program Administrator will update the Program or present the companies president and vice president with his or her recommended changes and together they will make a determination of whether to accept, modify or reject those changes to the Program.
VII. PROGRAM ADMINISTRATION.
Responsibility for developing, implementing and updating this Program lies with an Identity Theft Committee for the Branch Avenue Pawn, Inc.. The Committee is headed by a Program Administrator who may be the head of the Branch Avenue Pawn, Inc. or his or her appointee. Two or more other individuals appointed by the head of the Branch Avenue Pawn, Inc. or the Program Administrator comprise the remainder of the committee membership. The Program Administrator will be responsible for the Program administration, for ensuring appropriate training of Branch Avenue Pawn, Inc. staff on the Program, for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating Identity Theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the Program.
B. Staff Training and Reports
Initially, all Branch Avenue Pawn, Inc. staff shall be trained either by or under the direction of the Program Administrator in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected. Thereafter, all Branch Avenue Pawn, Inc. staff shall undergo update training not less than annually. Additionally, all new Branch Avenue Pawn, Inc. employees shall undergo training.
All Branch Avenue Pawn, Inc. staff shall report incidents of Identity Theft immediately to the Program Administrator. The Program administrator will document incidents in a report that will contain a recap of the incident and include the steps taken to assist with resolution of the incident.
C. Specific Program Elements and Confidentiality
For the effectiveness of Identity Theft prevention Programs, the Red Flag Rule envisions a degree of confidentiality regarding Branch Avenue Pawn, Inc.’s specific practices relating to Identity Theft detection, prevention and mitigation. Therefore, under this Program, knowledge of such specific practices are to be limited to the Identity Theft Committee and those employees who need to know them for purposes of
preventing Identity Theft. Because this Program is to be adopted by a public body and thus publicly available, it would be counterproductive to list these specific practices here. Therefore, only the Program’s general red flag detection, implementation and prevention practices are listed in this document.