216.01 Purpose.
216.02 Definitions.
216.03 The program.
216.04 Administration of program.
216.05 Identification of relevant red flags.
216.06 Detection of red flags.
216.07 Response.
216.08 Updating the program.
216.09 Oversight of service provider arrangements.
216.10 Duties regarding address discrepancies.
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 of 16 C.F.R. Part 681, implementing Sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003.
(Ord. 109-09. Passed 7-13-09.)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Covered account” means:
(1) An account that a financial institution or creditor offers or maintains, primarily for personal, family, or household purposes that involves or is designed to permit multiple payments or transactions. Covered accounts include credit card accounts, mortgage loans, automobile loans, margin accounts, cell phone accounts, utility accounts, checking accounts and savings accounts; and
(2) Any other account that the financial institution or creditor offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the financial institution or creditor from identity theft, including financial, operational, compliance, reputation or litigation risks.
(b) “Identify theft” means fraud committed or attempted using the identifying information of another person without authority.
(c) “Red flag” means a pattern, practice or specific activity that indicates the possible existence of identity theft.
(Ord. 109-09. Passed 7-13-09.)
The Utility Billing Department establishes an Identity Theft Prevention Program to detect, prevent and mitigate identity theft. The program shall include reasonable policies and procedures to:
(a) Identify relevant red flags for covered accounts.
(b) Detect red flags and report them to the Finance Director.
(c) Respond appropriately to any red flags that are detected to prevent and mitigate identity theft.
(d) Ensure the program is updated periodically to reflect changes in risks to customers and to the safety and soundness of the creditor from identity theft
(Ord. 109-09. Passed 7-13-09.)
(a) The Finance Director shall be designated the “Privacy Official” responsible for the development, implementation, oversight and continued administration of the program.
(b) The program shall require training of pertinent staff to effectively implement the program; and
(c) The program shall exercise appropriate and effective oversight of service provider arrangements.
(Ord. 109-09. Passed 7-13-09.)
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