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Ask David
Horowitz
these “red flags”
By David Horowitz
RECENT GOVERMENT statistics show that 60
percent of businesses in America have suffered data
breaches and 218 million Americans have had their
personal information exposed to identity thieves
since 2005.
In light of the increasing number of data security breaches, the government has finally stepped in.
Congress recently amended the Fair and Accurate
Credit Transactions Act with a set of conditions
called the Red Flags Rule (
www.ftc.gov; search “Red
Flags Rule”).
According to the rule, a business that maintains a
credit-based relationship with its customers must
have a written information security plan that outlines
what it’s doing to protect customer records from
theft. Businesses must comply by November 1 of
this year. Businesses that are not Red Flags compliant
by November 1 are subject to fines and penalties, and
also open themselves up to the possibility of class-action lawsuits if their customer data are stolen.
The rule specifically calls out five industries:
automotive, financial, health care, insurance and
mortgage. If you are a customer of businesses in
these areas, you should ask them to explain what
plans they have in place to protect your sensitive
customer information in compliance with the Red
Flags Rule.
Here are a few ways this rule can affect everyday
dealings for consumers:
Buying a car. Let’s say you’re at a car dealership
and you’re ready to buy, but you need to finance
the purchase. Some people get their car purchases
financed through their bank, but maybe you, like
many people, want to obtain financing directly from
the dealership. That dealer, and its finance department specifically, needs to have a written information
security plan in place to protect your information.
Signing a utility or phone plan. Any time you
sign up for electric, natural gas, cable TV or telephone
service, the business to which you’re giving your
information must be Red Flags compliant. This also
includes cellphone service.
Buying a home. With the mortgage industry
in crisis, it’s tougher to get a loan. Because of that,
homebuyers may need to shop around and offer
their personal credit information to several mortgage brokers in order to find a mortgage with
terms that are right for them. If you are shopping
around, ask mortgage brokers what measures
they have in place to prevent data breaches and
identity theft.
Note: To find out about Costco’s protection of personal and credit-card information, go to costco.com
and type “privacy statement” in the search box.—Ed.
MY DAUGHTER enrolled
at a design school and
applied for a loan through
them. Because of her age
( 25) she didn’t qualify for
her own student loan, but
she was offered a student
and parent loan through
Wells Fargo. But the school
approved the loan without my authorization,
and I never received any
paperwork on it. After she
graduated, I received a
statement for the $35,000
to be paid in full! I have
documents showing my
attempts to resolve this,
but with no luck.
No-limit cell service
Three large U.S. cellphone companies— Verizon,
AT&T and T-Mobile—have started a battle for business by offering unlimited calling plans for $99 a
month. That’s a dramatic shift from set prices for a
monthly time allowance and additional charges for
each minute over the limit.
Seeking to turn cellphone use into a predictable
fixed-fee service like cable television hints at the
fierce competition among providers to woo customers away from their current plans. Wireless carriers
now vie for a dwindling pool of new customers, so
they need to offer more b enefits and features to gain consumer loyalty.
But before you hop aboard
this bandwagon, take a look at
what you really need. According
to a study by J.D. Power and
Associates, the average consumer
spends $63 to $77 for cellphone service, depending
on the addition of data
services such as e-mail, so
you might be overpaying
with a $99 plan.
Check your carrier’s
rates to get the best
plan for you, and don’t
forget to ask about
extra charges for
Internet access, text
messages, video capabilities, photo sharing
and GPS navigation, if
any of these services
are part of your wireless habit. C
Note: Costco and
costco.com offer some
of these services.—Ed.
Gina
Walnut Park, California
AMY CANTRELL
David Horowitz is a leading consumer advocate.
His “Fight Back!” commentaries are heard daily on
the Jones Radio Network. For stations and times,
check the radio page at
www.fightback.com.
© 2008 FIGH T BACK! INC. ALL RIGH TS RESERVED.
You need more information
about the loan terms, and
to see who signed for it.
You say you didn’t give con-
sent, but if someone is
going to be responsi-
ble for loan payments,
their authorization
would be required.
Did you sign the
documents without
understanding
what they were
for? If so, unfortu-
nately the debt is
yours. Or did some-
one forge your signa-
ture on the application?
Contact Wells Fargo
and demand copies of
the application, and tell
them why. If you did not
give consent, you have
grounds to fight back
against being held liable
for the debt. If your signa-
ture was forged, you must
fight back by reporting this
to the school, the bank and
legal authorities.
Do you have a question for David?
Just log on to
www.fightback.com and “Ask David.” He will personally respond
to your problem if you follow the instructions printed on his Web site. (Costco
members receive a rebate off the normal fee.) Questions and answers of the greatest
interest to Costco members will be used in this column with the permission of the
contributor and will be posted on
www.fightback.com.