Community Bankers' Advisor

September-2004  

Page 1


Welcome to the on-line
September-2004 issue of the
Community Bankers' Advisor
. . . . . . . . . . .

The Advisor is prepared by attorneys at Olson & Burns P.C. to provide information pertaining to legal developments affecting the field of banking. In order to accomplish this objective, we welcome any comments our readers have regarding the content and format of this publication. Please address your comments to:

Community Bankers' Advisor
c/o Olson & Burns P.C.
PO Box 1180
Minot, ND 58702-1180

olsonpc@minotlaw.com

Also, visit our web site at:
www.minotlaw.com

The attorneys at Olson & Burns represent a wide range of clients in the financial and commercial areas. Our attorneys represent more than 30 banks throughout North Dakota.

Independent Community Banks of North Dakota

You Are Asking . . . .

Q: Do you have an uncomplicated explanation/description of the Fact Act that we can provide to employees or customers?

A: The Fair and Accurate Credit Transactions Act of 2003 (Public Law 108-159), known as the “FACT ACT,” amends the Fair Credit Reporting Act. The chief aims of the FACT Act are to combat identity theft and to increase the accuracy of consumer credit reports. Many of the provisions added by the FACT Act will become effective at different times between December 31, 2003, and December 1, 2004, depending on the results of rulemaking proceedings announced by the Federal Trade Commission and Federal Reserve Board on December 16, 2003. Banks and other lenders should have already reviewed or review now a copy of the law, determine what aspects of loan and deposit operations will be affected by the changes, and begin development of new policies and procedures or changes to existing policies and procedures.
Banks and other companies will have many new responsibilities under the FACT Act; among the significant new requirements are the following:

--- Consumers will be able to place fraud alerts and active duty alerts on their credit files. A bank or other company that receives a consumer report containing an alert will not be permitted to extend more credit to the consumer,



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