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New Law Intended To Combat Identity Theft and Protect Consumers
Privacy:
As of June 14, 2005, the FTC’s (Federal Trade
Commission) new FACTA (Fair and Accurate Credit Transactions
Act) law went into effect. The FACTA law requires any business
that has information about an individual, whether in paper,
electronic, or other form that is a consumer report (also known
as a credit report) or is derived from a consumer report. It
requires that any person or company that possesses or maintains
such information to take reasonable measures to protect against
unauthorized access to or use of the information in connections
with its disposal.
The FACTA law will affect any person or
business that maintains consumer information such as employers,
lenders, real estate mortgage brokers, car dealers, to cite a
few examples. This law will now join other recent laws which
protects businesses and consumers from fraud and identity theft.
For the Healthcare industry there is the HIPPA (Health
Insurance Portability and Accessibility Act) law and for the
financial services industry there is the Graham Leach Bliley
Act.
According to a study released by the FTC in
September of 2003, nearly 10 million Americans were victims of
identity theft in the previous year alone. US businesses lost
$47 billion while consumers lost another $5 billion as a result
of identity theft during the same period.
Businesses must be compliant by June 1,
2005, by implementing a document destruction policy by
contracting with a shredding company or other data destruction
company or they must do it themselves. Violating the law
includes actual damages, statutory damages, up to $1,000
punitive damages per violation (with no cap on class action
damages) attorney fees, and civil penalties up to $2,500.
Don’t run the risk with non-compliance,
call America Shredding today!