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  Data Facts, Inc.                                                     February 6, 2012

Identity Theft: The Newest Open Door to Thieves

ID theft continues to be a rampant and expensive crime in the U.S.  Purse-snatching, dumpster diving, and mail stealing are all ways that criminals steal your identity. These thieves can then use your credit cards, social security number, and other personal information to rack up charges, open new accounts, and even apply for jobs!

 

Identity theft and ways to combat it have been topics of many tv and printed articles. You have probably viewed or read some of these tips and even implemented a few of them into your habits. So you are protected, right?

 

Uh, probably not.

 

Unfortunately, these crooks are very creative, and constantly scheming up new ways to steal pieces of information about your identity. So, while you may have a locking mailbox, a shredder you use faithfully, and guard your social security number as closely as you would your little sister, you could be overlooking one thing: your cell phone. 

 


 

To read the rest of our newest blog post, click here to go to our blog.

Compliance Corner - Credit Rating Agencies

Background: In 2006, Congress passed the Credit Rating Agency Reform Act. This law required the SEC to establish clear guidelines for determining which credit rating agencies qualify as Nationally Recognized Statistical Rating Organizations (NRSROs). It also gave the SEC the power to regulate NRSRO internal processes regarding record-keeping and how they guard against conflicts of interest, and specifically makes the NRSRO determination subject to a Commission vote. The law specifically prohibits the SEC from regulating an NRSRO's rating methodologies.

The Dodd-Frank Wall Street Reform and Consumer Protection Act enhances the SEC's enforcement mechanisms, and adds a number of requirements on NRSROs that are immediately effective (i.e., do not depend on SEC rulemaking). The Dodd-Frank Act also requires the Commission to adopt a number of new rules concerning: 
  • Annual reports on internal controls
  • Conflicts of interest with respect to sales and marketing practices
  • "Look-backs" when credit analysts leave the NRSRO
  • Fines and penalties
  • Disclosure of performance statistics
  • Application and disclosure of credit rating methodologies
  • Form disclosure of data and assumptions underlying credit ratings, among other things
  • Disclosure about third party due diligence
  • Analyst training and testing
  • Consistent application of rating symbols and definitions
  • Specific and additional disclosure for ratings related to ABS products 

In addition, the Dodd-Frank Act requires every federal agency to review existing regulations that require the use of an assessment of the credit-worthiness of the security or money market instrument and any references to credit ratings in such regulations; to modify such regulations identified in the review to remove any reference to, or requirement of reliance on credit ratings; and substitute with a standard of credit worthiness as the agency shall determine as appropriate for such regulations. 

 

Implementation: On January 20, 2011, the Commission adopted a rule addressing one of the new requirements for NRSROs.  

 

On May 18, 2011, it proposed rules addressing the remaining requirements.  
On September 30, 2011, it published an annual report summarizing NRSRO inspections, findings, and responses. 

 

The Commission also has issued a series of proposals regarding the removal of references to credit ratings in its regulation:  

If you having any questions, please contact Michael Nichols at 800-264-8806, 501-734-1280 or michael@datafacts.com.

Want To Get An Edge Up On Your Competition?  
 
Data Facts, through a partnership with My Credit My Future, now offers credit and financial education to all customers.  Be the first to offer My Guide and become a credit and financial leader in your industry!
 
For more information, contact Jennifer Hamby at 615-477-7118 or at jenniferh@mcmf.net. 

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