Occupational Licensing Industry News OLIN 2009–18

Dismantler Licensing Requirements

New Legislation

Legislation effective January 1, 2010, requires the department to ensure persons applying for an auto dismantler license in California meet environmental protection and tax payment requirements.

Procedures

Applicants applying for an original auto dismantler’s license must include the following information with their application, if required by law:
•
Board of Equalization resale permit number
•
Franchise Tax Board tax identification number
•
California Environmental Protection Agency identification number
•
Storm water permit number
•
Hazardous materials business plan

NOTE: Beginning on January 1, 2011, the above requirements will also apply to dismantler renewal applications.

Background

Dismantlers store vehicles with potentially hazardous materials. This bill will increase the department’s licensing authority to confirm an applicant complies with California environmental protection requirements and tax obligations.

Distribution

Notification that this memo is available online at

dmv.ca.gov/pubs/olin/olin.htm

was made via E-mail Alert Service in November 2009 to dismantlers.

Contact

Questions regarding this memo may be directed to the Occupational Licensing Operations Unit at (916) 229-3126.

MARY GARCIA,

Chief Occupational Licensing

California DMV

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Parking Meter

Chargers For Electric Cars

Coulomb Technologies knows mainstream auto manufacturers have plans to begin selling electric cars by 2010.  Consumers will need a place to park their vehicles.  Currently there is little if any infrastructure design with electric vehicles in mind, but Coulomb plans to solve that problem with their smart charging infrastructure for plug-in vehicles.  Electric car owners who park next to one of Coulomb’s ChargePoint Network meters will be able to charge their cars while they sleep, shop, work or eat.

This is a great idea for those who rent an apartment and don’t have their own garage or driveway.  Forget the idea of long extension cords.  Coulomb envisions a system where vehicle owners subscribe to a monthly service.  They would receive a key fob allowing them to park at any available meter.  Below is how Coulomb describes a typical user experience:

The subscriber will use a navigation system to find the nearest available charging station. He will park the vehicle next to the Smartlet Charging Station. For 110V charging, the subscriber will swipe a key fob to be authenticated at the station, unlocking the Smartlet access door. After plugging in the cord, the door will lock in a partially open position to secure the cord and begin charging. After charging is complete, the subscriber will scan the key fob again to deactivate the charging station and unlock the access door. The cost of the transaction will be displayed on the charging station. The driver will replace the cord into its original position and can then drive away.

Not everyone who charges their car will need to subscribe.  For example, if you rent an electric vehicle, you could make a one time charge payment using a cell phone or credit card to charge a car.  Some businesses may offer free charging/parking to entice customers.  Employers mighty offer charger parking to their employees as a benefit.  Condominium communities could include ChargePoint Network fees with their monthly dues.  Since the system uses bi-directional communication, you would only be charged for the electricity used.

The question becomes one of standardization.  All electric vehicles will need to use the same 110v/220v recepticle .   Just as there is a choice of unleaded or diesel gasoline, there needs to be electrical standards as well.  What will happen to those who want to park a non-electric car or have their own portable solar charging kit?  Will they be left to fight for the free spots at the mall?

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Bakersfield California Auto Recovery

State Finance Adjusters

Contact: Jerry or Monica
Phone: (661) 395-1703 Fax: (661) 395-1523
200 Morning Drive, Bakersfield, CA 93306
We offer our clients skip tracing, field investigations, surveillance available, sale of collateral, private repo’s & impounds. We Repo Automobiles, Big Rigs, Trailers, Boats, Motor Homes, Travel trailers and more……

Brentwood California Auto Recovery

Black Diamond Recovery

Phone: 925-516-9360 Fax: 925-516-9361
161 Chestnut Street #8, Brentwood, CA 94513
Email: blackdiamondrecovery@gmail.com
Website: http://blackdiamondrecovery.com/
Black Diamond Recovery is the Northern California leader in property recovery. We offer state of the art recovery systems along with a satisfaction guarantee upon recovery of any property.

Chico California Auto Recovery

North Valley Recovery Service

Contact: Lorrie Owens
Phone: (530) 345-6822
Chico, CA 95927
We have been right here in Chico California since 1975. We are licensed, bonded and insured. We have been members of the American Recovery Association for over 30 years and our field agents are the most experienced around.

Eldorado Hills California Auto Recovery

SKIPBUSTERS

Contact: Brent Hipp
Phone: 800-398-6480 x 243 Fax: (916) 673-3213
Eldorado Hills, CA 95762
Website: http://www.pkwillis.com/
Auto Repossession Agents Across America: Western States – 88 Agents, Midwest States – 71 Agents, Mideast States – 89 Agents, Eastern States – 111 Agents

Eureka California Auto Recovery

Felhaber Repossessions

Contact: Kirk Felhaber
Phone: (707) 498-0106 Fax: (707) 839-1944
Eureka, CA 95519
Website: http://www.northcoastrepo.com/
SERVING NORTHERN CALIFORNIA: HUMBOLDT, DEL NORTE, TRINITY, MENDICINO COUNTIES. PROFESSIONAL AND PROMPT RECOVERY’S, FULLY LICENSED RECOVERY AGENTS – LATEST STATE-OF-THE-ART EQUIPMENT – EXOTIC REPOSSESSION SPECIALTY – PROFESSIONAL SKIP TRACING – SECURE STORAGE FACILITIES

Fontana California Auto Recovery

South Bay Recovery & Transport

Contact: Martin Castellanos
Phone: (310) 762-1511 Fax: (310) 762-1411
P.O. Box 1587, Fontana, CA 92334
We take great pride in delivering very fast, dependable, and honest service. Honesty is always Guaranteed. Send us an assignment today and allow us to prove our abilities. We want your business.

Fremont California Auto Recovery

Active Auto Recovery

Contact: Stacy Truelsen
Phone: (800) 227-2524 Fax: (510) 490-1568
45581 Industrial Place #14, Fremont, CA 94538
Active Auto Recovery services the San Francisco Bay and all of Northern California. We offer fast professional efficient service.

Fresno California Auto Recovery

A.O.C. Adjusters Fresno, Ltd.

Contact: Marci Baker
Phone: (800) 366-9025 Fax: (559) 298-7476
P.O.Box 8160 , Fremont, CA 94538
Website: http://www.aocadjusters.com/
AOC ADJUSTERS began its operations back in Fresno, California in 1969, under the leadership of Jim Darden. In 1982, Mr. Darden took ownership of the company, and continued to deliver the kind of professional results his customers had come to expect.

Pipkin Detective Agency

Contact: R.J. Pipkin
Phone: (877) 730-3532 Fax: (559) 622-8890
Post Office Box 1187, Fresno, CA 93715
Website: http://www.pipkindetectiveagency.com/
PDA is a fully licensed and insured repossession agency, licensed by the State of California. Many of PDA’s clients are financial institutions such as banks, mortgage companies and lending institutions.

Banker Choice Recovery Services, Inc.

Contact: Jimmy Fagrell
Phone: (559) 456-0665 Fax: (559) 346-1442
2710 N. Argyle, Fresno, CA 93727
Website: http://www.pipkindetectiveagency.com/
We take great pride in delivering Fast, Dependable, and Honest service. Honesty is always Guaranteed. Send us an assignment today and allow us to prove our abilities. We want your business.

Garden Grove California Auto Recovery

California Recoveries Company

Contact: Eric Obiedo
Phone: (800) 348-0750 Fax: (714) 554-0250
13912 Nautilus Drive, Garden Grove, CA 92843
Website: http://www.californiarecoveries.com/
Unlike most recovery companies we have on-staff skiptracers with access to valuable databases and information. To accommodate your needs, our employees remain accessible and responsive, with extended flexible work hours. We keep you fully informed of the status of your case, with ongoing verbal and written status reports.

La Verne California California Auto Recovery

Omega Recovery & Transport

Contact: Hector
Phone: (866) 300-5741 Fax: (909) 599-4494
2355 Foothill Blvd., La Verne, CA 91750
Website: http://www.californiarecoveries.com/
We take great pride in delivering Fast, Dependable, and Honest service. Honesty is always Guaranteed. Send us an assignment today and allow us to prove our abilities. We want your business.

Los Angeles California Auto Recovery

Collateral Recovery Services – The Repo Experts

Contact: Wenceslao Diaz
Phone: (562) 907-6710 Fax: (562) 696-8756
P.O. Box 142, Whitter, CA. 90608
mailto:info@repocrs.com
Website: http://www.repocrs.com/
C. R. S. is a California based company specializing in Collateral Recovery. Collateral Recovery Service is a licensed California Repossession Agency serving more than 200 cities in Los Angeles, San Bernardino, Orange and Riverside counties. Collateral Recovery Services was founded in 1976.

Global Protection & Intelligence Inc.

Contact: Kevin Beyer
Phone: (818) 999-9953
Westlake Village, CA 91361
mailto:sales@gpiservices.com
Website: http://www.gpiservices.com/
The Leader in The Protective & Aircraft Recovery Industry. GPI maintains a large staff of male and female Protective Agents that are adaptable to any ethnic, social or formal situation. GPI Agents are highly trained in close proximity protection, etiquette and attire, as well as cultural customs.

Complete Automotive Recovery Service

Contact: Chuck
Phone: 626-443-CARS Fax: (626) 443-1093
9350 Lower Azusa Rd., Temple City, CA 91780
Website: http://www.californiarepossessions.com
We are not only a repossession company that specializes in exacting and elusive subjects, but exceptional skip tracing experts, a full-service towing and transport company, and more.

Marysville California Auto Recovery

Magnum Recovery – Auto Repossessions in Northern California

Contact: Mario McCarthy
Phone: (530) 743-1478 Fax: (530) 743-2568
5949 Lindhurst Ave., Marysville, CA 95901
Magnum Recovery is a Full Service Recovery Agency servicing most of Northern California including Yuba, Sutter, Colusa, Glenn, and western Butte & Nevada Counties.

Oakland California Auto Recovery

Surety Recovery Service

Contact: Kenneth M. Irvin
Phone: (510) 569-1861 Fax: (510) 638-1933
6114 La Salle Avenue Suite # 147, Oakland,California 94611
mailto:suretyrecoveryservice@suretyrecoveryservice.net
Website: http://www.suretyrecoveryservice.net/
Surety Recovery Service assists the Financial Industry,Legal Profession,Small Businesses,Insurance Companies and Individuals with all types of Investigative and Collateral Recovery Services. State of California Private Investigator License Number 17507. State of California Repossession Agency License Number 983.

Sacramento California Auto Recovery

Digital Dog Auto Recovery

Contact: Michael Eusebio
Phone: (916) 235-5265 Fax: (916) 235-5282
3941 Park Drive, Suite 20-309, El Dorado Hills, CA 95762
mailto:info@digitaldog.us/
Website: http://www.digitaldog.us/
Digital Dog Auto Recovery is a full service repossession agency covering most of Northern California, our Corporate Offices are located in El Dorado Hills with regional offices in: Concord, Chico, Fremont, Modesto, Salinas & Sacramento

Profound Recovery Solutions

Contact: Jacquie
Phone: (877) 290-6497 Fax: (916) 273-6576
6750 Folsom Blvd. Ste. 225, Sacramento, CA 95819
Based in Sacramento California Profound Recovery Solutions will find your asset and recover it Nationwide. Use our network of agents for fast dependable service.

San Bernardino California Auto Recovery

Americas Car Catchers

Contact: Rod Wehust
Phone: (909) 794-0800 Fax: (909) 794-2231
P.O. Box 5940, San Bernardino, CA 92412
For over 28 years Americas Car Catchers has repossessed car, trucks motorcycles, boats, semi’s & trailers, motor homes , toy haulers, travel trailers and more. Please call us for fast efficient service.

San Francisco California Auto Recovery

AOC Adjusters

Contact: Clark Beermann
Phone: (510) 782-6841 Fax: (510) 782-9004
P.O. Box 399, Twain Harte, CA 95383
AOC Adjusters services all of San Francisco Bay area to the Sierra Foothills. After 47 years in business we have developed an impeccable reputation and quality service. Services offered: Auto Recovery, Private Investigations & Process Serving

Ventura California Auto Recovery

Ventura County Recovery, Inc.

Contact: Rick Carisio
Phone: (805) 654-1918 Fax: (805) 650-0404
P.O. Box 7884, Ventura, CA 93004
We service: North to Goletta, South to Agoura Hills, East to Simi Valley & West to the Pacific Ocean

San Diego California Auto Recovery

California Recoveries Company

Contact: Rick Torres
Phone: (800) 348-0750 Fax: (714) 554-0250
723-A Olive Ave, Vista, CA 92083
Full Range of Services: Collateral Recovery, Skiptracing, Field Contacts, Field Investigation, Surveillance, Collateral Storage, Collateral Liquidation, Personal Effects Storage, Account Referral, Locksmithing, Transport/Delivery, Account re-assignment throughout U.S.A., Canada and Mexico

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QUESTIONS AND ANSWERS PERTAINING TO VEHICLE REPOSSESSIONS
PUBLISHED BY CALIFORNIA ASSOCIATION OF LICENSED REPOSSESSORS
California Association of Licensed Repossessors (CALR) has listed some common questions posed by interested persons. The CALR’s
legal counsel has assisted in framing general answers to some of these questions.
Note references are as follows:

B&P = Business & Professions Code; VC = Vehicle Code; PC = Penal Code; GC = Government Code; CC = Civil Code.

CAUTION: The answers provided in this section are for general reference only and CALR warns that they should not be relied upon as
legal authority. Minor differences in the facts may require different answers.

The law is also subject to change at any time. Therefore,
consult your legal counsel concerning individual problems.

1. Q. What is a “repossession agency” as defined by the State of California?
A. A repossession agency means and includes any person who, for any consideration whatsoever, engages in the repossession
business or accepts employment to locate or recover personal property, including but not limited to, personal property registered under
provisions of the Motor Vehicle Code which is subject to a security agreement (B&P 7500.2).

2. Q. What is not a “repossession agency” as defined by the State of California?
A. The following are exempt from the definition of a “repossession agency:”
1. Banks.
2. Licensed lending institutions.
3. Attorneys performing legal duties.
4. Legal owners of collateral which is subject to a security agreement.
5. Federal, state or municipal officers or employees performing official duties.
6. Persons employed exclusively and regularly by one employer in connection with the affairs of that employer only
and where there exists an employer/employee relationship (B&P 7500.3).

3. Q. Who may legally undertake repossession assignments?
A. Unless exempted pursuant to B&P Code 7500.3, only persons holding a
valid repossession agency license or registration, issued by the State of
California, may engage in the activities of a repossession agency (B&P 7500.3).

4. Q. May a tow service, auto drive away service or transport company, not
specifically licensed as a “repossession agency,” repossess collateral
VOLUNTARILY or INVOLUNTARILY?
A. NO! These businesses are not exempt under B&P Code 7500.3 and would
therefore be in violation relating to unlicensed activity. Violators are
subject to fines of $5,000 and/or one year in the county jail (B&P 7502.1).

5. Q. How may it be determined whether or not a person or agency holds a
valid repossessor’s license?
A. This informational directory includes a numerical list of licensed repossession agencies who are
licensed by the State of California and current CALR members as of January, 2005. Any person may contact the
Bureau of Security and Investigative Services at 400 “S” Street, Sacramento, CA 95814, (916) 322-4000, to deter
mine whether or not a particular person or agency is licensed. Or visit the Bureau’s website at
www.dca.ca.gov/bsis.

6. Q. May unlicensed repossession activity be penalized?
A. Yes! Any person who engages in repossession activity (other than a
licensed repossessor), is guilty of a misdemeanor which is punishable by a
fine of $5,000 or by imprisonment in the county jail for not more than one
year, or both [B&P 7502.1(a)].

7. Q. May a financial institution be penalized for using an unlicensed
repossession agency or person?
A. Yes! Any person who knowingly engages an unlicensed repossession
agency or person to repossess personal property is guilty of a misdemeanor
which is punishable by a fine of $5,000 or by imprisonment in the
county jail for not more than one year, or both (B&P 7502.2).

8. Q. At what point has a motor vehicle been legally repossessed?
A. With regard to collateral subject to registration under the Vehicle Code, a
repossession occurs when the repossessor gains entry to the collateral, or
when the collateral becomes connected to a tow truck (B&P 7507.12).

9. Q. May a repossessor lawfully enter any area for purposes of
repossession?
A. Yes, with the exception of a private building which means and includes
any dwelling, outbuilding, other enclosed structure or any secured area
which means and includes any fenced and locked area. Entry into these
areas with the consent of the owner or person in legal possession is
permissible [B&P 7500.1(s)].

10. Q. When may a vehicle secured by a contractual agreement be
repossessed?
A. Normally, only when the buyer has defaulted in the performance of any
obligation under the contract. Ordinarily a default occurs when an
installment payment is delinquent. However, if the consumer is required
by the contract to maintain insurance, a failure to do so may constitute a
default, as allowing the collateral to be jeopardized (CC 2983.3).

11. Q. Is police notification required prior to an attempted repossession?
A. No. Some jurisdictions, however, request a courtesy call prior to a
repossession to eliminate the possibility of a repossessor being stopped at
gunpoint in the event someone telephones in a report of a stolen vehicle
or a prowler.

12. Q. Is a police report required on all repossessions?
A. Yes. Whenever possession is taken of any vehicle by or on behalf of any
legal owner thereof under the terms of a security agreement or lease
agreement, the person taking possession shall:
a) notify, within one hour after taking possession of the vehicle, and by the most expeditious means available, the city police department
where the taking of possession occurred, if within an incorporated city, or the sheriff’s department of the county where the taking
of the possession occurred, if outside an incorporated city, or the police department of a campus of the University of California or the
California State University, if the taking of possession occurred on that campus, and shall within one business day forward a written
notice to the city police or the sheriff’s department.
b) any person failing to notify the city police department, sheriff’s department or campus police department as required by this section is
guilty of an infraction, and shall be fined a minimum of $300 and up to $500. The district attorney, city attorney, or city prosecutor shall
promptly notify the Bureau of Security and Investigative Services of any conviction resulting from a violation of this section (VC 28).

13. Q. May a licensed repossessor accept an assignment to repossess from a
registered owner?
A. Yes. Assignment also means an authorization by the registered owner to
recover collateral registered under the Vehicle Code where an
employer/employee relationship exists or existed between the registered
owner and the possessor of the property and the possessor is wrongfully in
possession of the property [B&P 7500.1(0)].

14. Q. Must licensees make condition reports of repossessions?
A. Yes. Repossession agencies are required to keep and maintain adequate
records of all transactions including condition reports reflecting the
condition of a vehicle at the time of repossession and its odometer
reading (B&P 7507.3).

15. Q. What is to be done with personal effects or other personal property?
A. Personal property shall be removed and a complete and accurate inventory
shall be made. Said items shall be securely stored for a minimum of 60
days. It is required that the repossession agency notify the consumer of
this inventory by written notice or by personal service within time limits
prescribed by law (B&P 7507.9).

16. Q. What is to be done with deadly weapons contained in or on collateral
at time of repossession?
A. Deadly weapons and dangerous drugs shall be turned over to a local law
enforcement agency for retention. These items shall be entered on the
inventory and a notation shall be made as to the date, time and place the
deadly weapon or dangerous drug was turned over to the law enforcement
agency. Areceipt from the law enforcement agency shall be maintained in
the records of the repossession agency [B&P 7507.9(b)(1)].

17. Q. What is to be done with combustibles after being removed from a repossession?
A. Combustibles shall be inventoried and noted as “disposed of dangerous
combustible” and disposed of in a reasonable and safe manner [B&P
7507.9(b)(2)].

18. Q. Is it a crime to conceal a motor vehicle or other collateral?
A. Yes. Any person in possession of collateral who conceals property with
the intent to defraud a creditor may be guilty of a felony (PC 154, 504a
or 538).

19. Q. May a repossession agency charge a fee for storing personal effects
(referring to inventory of effects from a repossession)?
A. Yes. A licensee may charge the debtor for storing personal effects since
B&P Code 7507.9 and 9(d) states in part, “The inventory shall include…
an itemization of all personal effects and storage charges that will be
made by the repossession agency.” A licensee may not charge a legal
owner for storage of personal effects unless specifically agreed to at the
time of the assignment or at a subsequent time.

20. Q. When a vehicle has been impounded by a public agency, who should
notify the legal owner?
A. Within 48 hours of the storage, unless the vehicle is in a vehicle abatement
program, or abandoned, the public agency is required to notify both legal
and registered owners [VC 22852(a)].

21. Q. What is the maximum amount a repair garage may charge on a repair
or storage to a legal owner?
A. On work or services performed, up to $750 is allowed and the garage must
have permission from the legal owner to exceed that amount [CC3068(c)].
Storage is allowed up to $400 for a vehicle under $4000 in value and $500
if the vehicle is valued over $4000 [CC 3068(c)]. There are also a requirement
to notify the legal owner by the 16th day of possession if storage fees
are charged and if legal owner is not notified, storage is limited to 15 days
(VC 10652.5 and CC 3071 & 3072).

22. Q. Are there any reporting requirements when a vehicle is stored in a
private building?
A. Yes. Every person other than the keeper of a garage renting any private
building used as a private garage or space, therein, for the storage of a
vehicle of a type subject to registration under this code, when the
agreement to rent includes only the building or space therein, shall, within
24 hours after the vehicle is stored therein, report such fact together with
the name of the tenant and a description of the vehicle, including the name
or make, the VIN and the license number to the sheriff’s office of the
county or the police department of the city wherein the building is located.
“Private garage” as used in this section does not include a public warehouse
or public garage (VC 10654).

23. Q. What can happen to a tow company if the legal owner is not notified?
A. Under Civil Code Section 3070, a legal owner has a right to accuse the
tow company of “improperly causing a vehicle to be towed.” If the tow
company tries to collect storage over 15 days when VC 10652.5 is
violated. A notice must be sent to the legal owner by the 16th day of
possession in order to collect over 15 days of storage fees [CC 3070(d1),
(d2), (A)].

24. Q. Are there limits on the number of days storage can be charged by lien
holders?
A. Yes, Civil Code 3068.1 limits public agency and private tows to a certain
number of days chargeable for storage. A vehicle under $4000 in value
shall not accrue storage charges beyond the 15th day unless lien sale
proceedings have commenced. If the lien is filed by the 15th day of
possession, the storage is limited to 60 days. This would include a required
notice to be signed by the legal owner before the 16th day of possession
(VC 10652.5). A vehicle with a value over $4000, the lien sale shall
commence by the 30th day of storage and allowing the storing party to
collect for storage up to 120 days. If the lien sale commenced after 30
days, 60 days of storage, then Vehicle Code 10652.5 applies and the
storing party may only collect up to the 16th day of storage.

25. Q. May a repossessor’s tow vehicle be cited by law enforcement for
violations of Vehicle Code sections 25253(a), 27700, or 27907, which
all pertain to a tow truck?
A. No. Vehicle Code sections 615(a) and (b) (definitions of “tow Trucks”)
states a “tow truck” does not include a “repossessor’s tow vehicle.”

26. Q. Must a repossessor’s tow truck be equipped with signs on the door of
the truck and other requirements?
A. No. A person licensed as a repossession agency pursuant to the B&P Code
(commencing with Section 7500), or a registered employee of the agency
may use the state issued repossession license number in lieu of a sign
containing a name, business address, and telephone number (VC 27907)

27. Q. May a law enforcement officer force a repossessor to give up
possession of an automobile or property?
A. Peace officers may not advance or hinder repossessions. Because they are
acting under “color of State law.” They may no more force a debtor to
surrender a car than they may, after a car has been repossessed, force the
repossessor to return it. Without a court order, both things violate the “due
process” requirements of the 14th Amendment of the United States
Constitution and Article 1, Section 13 and 15 of the California
Constitution.

28. Q. Should a repossessor have a police officer accompany him/her on a
repossession?
A. Self-help repossession provisions of UCC 9-609 do not violate the
Fourteenth Amendment if it is the conduct of a private individual dealing
with a private individual. However, the presence of a police officer or a
patrol car accompanying a repossessor has been found by several courts to
constitute “color of law” and has taken the repossession out of the area of
“purely private conduct without state assistance.” Do not take a sheriff or
Police officer out on a self-help repossession.

29. Q. Must a debtor pay a fee (normally $15) to a police department or
Sheriff’s department before redeeming the repossessed vehicle?
A. Yes, pursuant to Government Code sections 26751 and 41612. This fee is
not the obligation of the lien holder or repossessor.

30. Q. Is a repossessed vehicle exempt from current registration?
A. A vehicle repossessed pursuant to the terms of a security agreement is
exempt from the registration solely for the purpose of transporting the
vehicle from the point of repossession to the storage facilities of the
repossessor, and from the storage facilities to the legal owner of a licensed
motor vehicle auction provided that the repossessor transports with the
vehicle the appropriate documents authorizing the repossession and makes them available to a law enforcement
officer on request (VC 4022).

31. Q. Does the mandatory 30 day vehicle impoundment for driving with a
suspended, revoked or invalid license apply to the legal owner?
A. No. A legal owner or its agent may obtain a release from impoundment
prior to the 30 days if they meet three conditions:
1) They are legally operating in this state.
2) They pay all towing & storage fees related to the seizure of this
vehicle.
3) Provide foreclosure document or affidavit of repossession
[14602.6(f)(3)].

32. Q. Should a legal owner have a copy of the repossessor’s state issued
licensed number on file prior to assigning an account to them?
A. Although, it is not required by law, it would provide a positive defense to
any allegation of having assigned an account to a nonexempt unlicensed
person in violation of B&P Code section 7502.2 which is punishable by a
fine of $5,000.

33. Q. Is possession by a registered repossessor of tools described as“burglary tools” and of vehicle or wheel lock master keys as definedin section 466 and 466.5 of the California Penal Code prohibited bylaw?

A. No. Those sections specify that possession with the “intent feloniously to
break or enter any building or vehicle” is a misdemeanor, and that
possession of vehicle master keys with the intent to use them “in the
commission of an unlawful act” is a misdemeanor. Tools used by
repossessors are “tools of trade” and are legally possessed without any
intent to commit a crime.

34. Q. May local law enforcement collect an administrative fee from a legal
owner or their agent to release impounded collateral?
A. No. Effective on January 1, 2000 the administrative fee may be collected
only from the registered owner only or agent of said registered owner
[VC 22850.5(b)(2)].

+++++++++++++++++++++++++++++++++++++++

WE MAKE IT SIMPLE FOR YOU
CAR DEALER SCHOOL = CAR DEALER EDUCATION
WE GET YOU LICENSED FOR AS LITTLE AS $ 100.
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charlotte
800-901-5950
+++

http://www.afip.com/downloads/Address_Discrepancy_Form.pdf

+++++++++++++++++++++++++++++++++++++++++

Red Flag Rule
Address Discrepancy Form

Select the credit reporting agency
(You will send this completed form to the agency that provided the notice of address discrepancy.)

Select the checkbox next to the agency that sent the address discrepancy notice.

___ EXPERIAN ___ TRANSUNION ___ EQUIFAX

Type the information requested in the blanks below or select the appropriate box.
Date the form was completed: ____________________
Date the form was mailed to agency: ____________________
Selling dealer address: ________________________________________
________________________________________
City: ________________________ State: _____
ZIP: ________________________

Individual completing the form:
Name: _____________________________________________________
Title: ___________________ Work Phone _______________________
Email address ________________________________

Customer information
Customer’s full name, as recorded on the customer’s credit history report:
________________________________________________– _____
Jr., Sr., II
Customer’s SSN: ___________________________________________
Customer’s Driver’s License Number: __________________________
Address as listed on customer’s credit history report:
________________________________________________________________
City: ____________________ State: _____ ZIP: ________________________
Home Phone _______________________
Address alleged by the customer to be his or her current residence address:
________________________________________________________________
City: ____________________ State: _____ ZIP: ________________________
Home Phone _______________________

The address above was recorded by the customer or at his or her direction on:
____ The buyer’s order (signed by the customer)
____ The credit application (signed by the customer)
____ The installment sale or consumer lease agreement (signed by the customer)
____ Vehicle title, odometer statement, registration documents
____ Other documents: _________________________________________________

Home addresses as posted to the documents provided:

Current valid driver’s license: ___ Customer stated address ___ Credit report address
Insurance verification card: ___ Customer stated address ___ Credit report address
Passport: ___ Customer stated address ___Credit report address
Other: __________________ ___ Customer stated address ___ Credit report address
As stated by the customer, record the length of time he or she has resided at the current
address (which differs from the one posted to the credit history report): ____ month(s).
Has the customer resided at one or more other addresses between the one listed on the
credit history report and the one currently being used in conjunction with the vehicle
purchase and funding? ___ Yes ___ No
If YES, list the residence(s) and the length of time at each.
____________________________ ___________________________
City: _______________________ City: ______________________
State: ______ ZIP: __________ State: ______ ZIP: __________
Residence Phone Residence Phone
___________________________ ___________________________
Time at this address: ___ month(s) Time at this address: ___ month(s)

Customer’s explanation for current address and credit report address discrepancy:
(Check all that apply.)

Relocation within the past ____ months due to:

_____ Address change based on personal preference relocation.
___ sold home / purchased another home
___ moved from apartment to purchased home
___ relocated from purchased home to apartment or retirement residence
___ relocated from one apartment to another apartment

_____ Change of address due to work-required location, military transfer, or other.
___ relocation due to transfer or promotion with same employer
___ relocation as the result of securing a position with a new employer
___ military change of duty stations
___ relocation due to personal health, need to care for family member, or death of spouse or family member.
___ retirement or pre-retirement relocation
Other: ________________________________

_____ Customer explanation for discrepancy:
___ Due to the extremely short time at the new address, sufficient activity
hasn’t taken place resulting in a reporting agency being notified of a
change of address.
___ According to customer there has been no activity on their part that
would have alerted a reporting agency of the change.
___ The customer could offer no explanation.
___ An explanation offered by the customer not addressed above:

Transaction status:
_____ The transaction was consummated on ____________________.
_____ The transaction was not consummated due to:
___ The buyer and seller did not come to terms regarding the purchase.
___ A lending source willing to fund the transaction could not be found.
___ The presence of Red Flag “hits” that could not be resolved.
___ The customer, of his or her own volition, abandoned the endeavor.

Date the sale was officially declared “dead” ____________________ .

Credit Reporting Agency Notification
_____ Based on the dealership’s policies and procedures to verify the customer’s
identity and correct address, we have formed a reasonable belief that the customer is who he or she purports to be and resides at the address provided by the customer as the current correct address.
_____ The dealership is unable, through reasonable policies and procedures, to
verify the customer’s identity and/or correct address, and so cannot affirm that the address provided by the customer is, in fact, a viable address for the individual named on the credit report.
Individual Submitting Form
_________________________ _______________ _________________________
Name Title Signature

NOTE

A FULLY COMPLETED AND SIGNED COPY OF THIS NOTICE
MUST BE INCLUDED IN THE DEAL JACKET,
AND A COPY SUBMITTED TO THE
RED FLAG COPORATE COMPLIANCE OFFICER
WITHIN 48 HOURS OF THE COMPLETION OF THE
TRANSACTION.

+++++++++++++++++++++++++++++++++++++++++++++

WE MAKE IT SIMPLE FOR YOU
CAR DEALER SCHOOL = CAR DEALER EDUCATION
WE GET YOU LICENSED FOR AS LITTLE AS $ 100.
http://www.gotplates.com
good luck
charlotte
800-901-5950
+++

Birth of the internet

CBC News

The internet was originally conceived for the U.S. military as a means of allowing a community of computers to share information over distance. It’s generally accepted that its later development was spurred on as much for research purposes as for military applications.

The body in charge of setting up the network was the Advanced Research Projects Agency (ARPA). In 1967, ARPA enlisted the help of the Stanford Research Institute in Menlo Park, Calif., to design the system. Within a year, Stanford researchers had designed a framework, which ARPA contracted out for implementation.

The first two nodes were installed at UCLA and Stanford Research Institute in August of 1969, but it wasn’t until two months later that the machines made first contact.

On October 29, 1969, at 10:30 p.m., UCLA engineering professor Leonard Kleinrock and student Charley Kline attempted to send a message from one Honeywell computer to a similar unit 600 kilometres away at Stanford Research Institute in Palo Alto. The connection speed was 50 kb/s.

The first message was supposed to be the word “login,” but the system crashed as they typed in the letter “g.” The first message, then, was “lo.” Although it was a bumpy – if not prophetic – beginning, the researchers were able to complete the message one hour later.

And so the ARPANET (the term internet was not coined until 1982) was born.

+++++++++++++++++++++++++++++++++++++

Portugal, Mark

From Astro-Databank

Name	Portugal, Mark Gender: M
Birthname	Portugal, Mark Steven
born on	30 October 1962 at 07:45 (= 07:45 AM )
Place	Los Angeles CA, USA, 34n03, 118w14
Timezone	PST h8w (is standard time)
Data source	From memory Rodden Rating A
Astrology data	06°44′ 00°13 Asc. 25°18′

Biography

American pro baseball pitcher who has played on the American League for four years and the National League for nine years as of 1998. Portugal was signed as a non-drafted free agent by the Minnesota Twins organization 10/23/1980, right out of high school. Playing solid for five years, he was placed on the disabled list, August 1985 and in 1988. He was then traded to the Houston Astros 12/04/1988 and has since played with the San Francisco Giants, Cincinnati Reds and the Philadelphia Phillies 12/12/1996. Portugal was honored with pitcher on The Sporting News N.L. Silver Slugger team in 1994, appeared in one game as a pinch-runner, 1991, had one sacrifice hit in his only appearance as a pinch-hitter in 1981 and pitched in the Championship Series games of 1995. At 6’0″, 190 lbs., he throws right and bats right.

Link to Wikipedia biography

Events

• Work : Contracts, agreements 23 October 1980 (Signed with the Minnesota Twins)

• Health : Job related injury August 1985 (Placed on the disabled list)

• Health : Job related injury 1988 (Disabled list)

• Work : Contracts, agreements 4 December 1988 (Singed with the Houston Astros)

• Work : Contracts, agreements 12 December 1996 (Signed with the Philadelphia Phillies)

• Work : Prize 1994 (The Sporting News Silver Slugger team pitcher)

• Work : New Job 1991 (One appearance as a pinch-runner)

• Work : New Job 1996 (One appearance as a pinch-hitter)

• Work : Gain social status 1995 (Pitched in Championship Series game)

Categories

• Notable : Awards : Vocational award (Pitching award)

• Vocation : Sports : Baseball (Pro, pitcher)

+++++++++++++++++++++++++++++++++++

Halloween

From Wikipedia, the free encyclopedia

Halloween
Jack-o’-lantern
Also called	All Hallows’ Eve All Saints’ Eve
Observed by	Numerous Western countries (see article)
Type	Secular, with roots in Christian and Celtic tradition
Begins	Sunset
Ends	Midnight
Date	October 31
Celebrations	Costume parties, trick-or-treating in costumes, bonfires, divination
Related to	Samhain, All Saints’ Day

Halloween (also spelled Hallowe’en) is an annual holiday celebrated on October 31. It has roots in the Celtic festival of Samhain and the Christian holy day of All Saints. It is largely a secular celebration but some have expressed strong feelings about perceived religious overtones.^[1][2][3]

The day is often associated with the colors black and orange, and is strongly associated with symbols like the jack-o’-lantern. Halloween activities include trick-or-treating, wearing costumes and attending costume parties, ghost tours, bonfires, visiting haunted attractions, pranks, telling scary stories, and watching horror films.

Contents [hide] 1 History 1.1 Origin of name 2 Symbols 3 Trick-or-treating and guising 3.1 Costumes 3.1.1 Costume sales 3.2 UNICEF 4 Games and other activities 4.1 Haunted attractions 4.2 Foods 5 Around the world 6 Religious perspectives 7 See also 8 References 9 Further reading 10 External links

//

History

Halloween has origins in the ancient festival known as Samhain (pronounced sow-in or sau-an),^[4][5] which is derived from Old Irish and means roughly “summer’s end”.^[5] This was a Gaelic festival celebrated mainly in Ireland and Scotland. However, similar festivals were held by other Celts – for example the festival of Calan Gaeaf (pronounced kalan-geyf) which was held by the ancient Britons.

The festival of Samhain celebrates the end of the “lighter half” of the year and beginning of the “darker half”, and is sometimes^[6] regarded as the “Celtic New Year”.^[7]

The celebration has some elements of a festival of the dead. The ancient Celts believed that the border between this world and the Otherworld became thin on Samhain, allowing spirits (both harmless and harmful) to pass through. The family’s ancestors were honoured and invited home whilst harmful spirits were warded off. It is believed that the need to ward off harmful spirits led to the wearing of costumes and masks. Their purpose was to disguise oneself as a harmful spirit and thus avoid harm. In Scotland the spirits were impersonated by young men dressed in white with masked, veiled or blackened faces.^[8][9] Samhain was also a time to take stock of food supplies and slaughter livestock for winter stores. Bonfires played a large part in the festivities. All other fires were doused and each home lit their hearth from the bonfire. The bones of slaughtered livestock were cast into its flames.^[10] Sometimes two bonfires would be built side-by-side, and people and their livestock would walk between them as a cleansing ritual.

Another common practise was divination, which often involved the use of food and drink.

The name Halloween and many present-day traditions, derive from the Old English era.^{[11][12][13][14][15]}

Origin of name

The term Halloween, originally spelled Hallowe’en, is shortened from All Hallows’ Even – e’en is a shortening of even, which is a shortening of evening. This is ultimately derived from the Old English Eallra Hālgena ǣfen.^[16] It is now known as “Eve of” All Saints’ Day, which is November 1st.

A time of pagan festivities,^[7] Popes Gregory III (731–741) and Gregory IV (827–844) tried to supplant it with the Christian holiday (All Saints’ Day) by moving it from May 13 to November 1.

In the 800s, the Church measured the day as starting at sunset, in accordance with the Florentine calendar. Although All Saints’ Day is now considered to occur one day after Halloween, the two holidays were once celebrated on the same day.

Symbols

On All Hallows’ eve, many Irish and Scottish people have traditionally placed a candle on their western window sill to honor the departed. Other traditions include carving lanterns from turnips or rutabagas, sometimes with faces on them, as is done in the modern tradition of carving pumpkins. Welsh, Irish and British myth are full of legends of the Brazen Head, which may be a folk memory of the ancient Celtic practice of headhunting. The heads of enemies may have decorated shrines, and there are tales of the heads of honored warriors continuing to speak their wisdom after death. The name jack-o’-lantern can be traced back to the Irish legend of Stingy Jack, a greedy, gambling, hard-drinking old farmer.^[17][18] He tricked the devil into climbing a tree and trapped him by carving a cross into the tree trunk. In revenge, the devil placed a curse on Jack, condemning him to forever wander the earth at night with the only light he had: a candle inside of a hollowed turnip. The carving of pumpkins is associated with Halloween in North America where pumpkins are both readily available and much larger- making them easier to carve than turnips.^[19] Many families that celebrate Halloween carve a pumpkin into a frightening or comical face and place it on their doorstep after dark. The American tradition of carving pumpkins preceded the Great Famine period of Irish immigration^{[20][dead link]} and was originally associated with harvest time in general, not becoming specifically associated with Halloween until the mid-to-late 1800s.^{[citation needed]}

The imagery surrounding Halloween is largely a mix of the Halloween season itself, works of Gothic and horror literature, in particular novels Frankenstein and Dracula, and nearly a century of work from American filmmakers and graphic artists,^[21] and British Hammer Horror productions, also a rather commercialized take on the dark and mysterious. Modern Halloween imagery tends to involve death, evil, the occult, magic, or mythical monsters. Traditional characters include the Devil, the Grim Reaper, ghosts, ghouls, demons, witches, goblins, vampires, werewolves, zombies, skeletons, black cats, spiders, bats, and crows.^[22]

Particularly in America, symbolism is inspired by classic horror films (which contain fictional figures like Frankenstein’s monster and The Mummy). Elements of the autumn season, such as pumpkins, corn husks, and scarecrows, are also prevalent. Homes are often decorated with these types of symbols around Halloween.

The two main colors associated with Halloween are orange and black.^[23]

Trick-or-treating and guising

Trick-or-treating is a customary celebration for children on Halloween. Children go in costume from house to house, asking for treats such as candy or sometimes money, with the question, “Trick or treat?” The word “trick” refers to a (mostly idle) threat to perform mischief on the homeowners or their property if no treat is given. In some parts of Ireland and Scotland children still go guising. In this custom the child performs some sort of show, i.e. sings a song or tells a ghost story, in order to earn their treats.

Costumes

Halloween costumes are traditionally those of monsters such as ghosts, skeletons, witches, and devils. They are said to be used to scare off demons. Costumes are also based on themes other than traditional horror, such as those of characters from television shows, movies, and other pop culture icons.

Costume sales

BIGresearch conducted a survey for the National Retail Federation in the United States and found that 53.3% of consumers planned to buy a costume for Halloween 2005, spending $38.11 on average (up $10 from the year before). They were also expected to spend $4.96 billion in 2006, up significantly from just $3.3 billion the previous year.^[24]

UNICEF

“Trick-or-Treat for UNICEF” has become a common sight during Halloween in North America. Started as a local event in a Philadelphia suburb in 1950 and expanded nationally in 1952, the program involves the distribution of small boxes by schools (or in modern times, corporate sponsors like Hallmark, at their licensed stores) to trick-or-treaters, in which they can solicit small-change donations from the houses they visit. It is estimated that children have collected more than $118 million (US) for UNICEF since its inception. In Canada, in 2006, UNICEF decided to discontinue their Halloween collection boxes, citing safety and administrative concerns; after consultation with schools, they instead redesigned the program.^[25][26]

Games and other activities

This section is missing citations or needs footnotes. Please help add inline citations to guard against copyright violations and factual inaccuracies. (October 2008)

There are several games traditionally associated with Halloween parties. One common game is dunking or apple bobbing, in which apples float in a tub or a large basin of water and the participants must use their teeth to remove an apple from the basin.^[27] A variant of dunking involves kneeling on a chair, holding a fork between the teeth and trying to drop the fork into an apple^[28]. Another common game involves hanging up treacle or syrup-coated scones by strings; these must be eaten without using hands while they remain attached to the string, an activity that inevitably leads to a very sticky face.

Some games traditionally played at Halloween are forms of divination. A traditional Irish and Scottish form of divining one’s future spouse is to carve an apple in one long strip, then toss the peel over one’s shoulder. The peel is believed to land in the shape of the first letter of the future spouse’s name.^[29] Unmarried women were told^[who?] that if they sat in a darkened room and gazed into a mirror on Halloween night, the face of their future husband would appear in the mirror. However, if they were destined to die before marriage, a skull would appear. The custom was widespread enough to be commemorated on greeting cards^[30] from the late 19th and early 20th centuries.

The telling of ghost stories and viewing of horror films are common fixtures of Halloween parties. Episodes of TV series and specials with Halloween themes (with the specials usually aimed at children) are commonly aired on or before the holiday, while new horror films, are often released theatrically before the holiday to take advantage of the atmosphere.

Haunted attractions

Haunted attractions are entertainment venues designed to thrill and scare patrons; most are seasonal Halloween businesses. Origins of these paid scare venues are difficult to pinpoint, but it is generally accepted that they were first commonly used by the Junior Chamber International (Jaycees) for fundraising.^[31] They include haunted houses, corn mazes, and hayrides,^[32] and the level of sophistication of the effects has risen as the industry has grown. Haunted attractions in the United States bring in an estimate $300–500 million each year, and draw some 400,000 customers, although trends suggest a peak in 2005^[31]. This increase in interest has led to more highly technical special effects and costuming that is comparable with that in Hollywood films.^[33]

Foods

Because the holiday comes in the wake of the annual apple harvest, candy apples (known as toffee apples outside North America), caramel or taffy apples are a common Halloween treat made by rolling whole apples in a sticky sugar syrup, sometimes followed by rolling them in nuts.

At one time, candy apples were commonly given to children, but the practice rapidly waned in the wake of widespread rumors that some individuals were embedding items like pins and razor blades in the apples.^[34] While there is evidence of such incidents,^[35] they are quite rare and have never resulted in serious injury. Nonetheless, many parents assumed that such heinous practices were rampant. At the peak of the hysteria, some hospitals offered free x-rays of children’s Halloween hauls in order to find evidence of tampering. Virtually all of the few known candy poisoning incidents involved parents who poisoned their own children’s candy, and there have been occasional reports of children putting needles in their own (and other children’s) candy in need of a bit of attention.^{[citation needed]}

One custom that persists in modern-day Ireland is the baking (or more often nowadays, the purchase) of a barmbrack (Irish: báirín breac), which is a light fruitcake, into which a plain ring, a coin and other charms are placed before baking. It is said that those who get a ring will find their true love in the ensuing year. This is similar to the tradition of king cake at the festival of Epiphany.

List of foods associated with the holiday:

• Barmbrack (Ireland)
• Bonfire toffee (Britain)
• Candy apples
• Candy corn (North America)
• Caramel apples
• Caramel corn
• Colcannon (Ireland)
• Pumpkin, pumpkin pie, pumpkin bread
• Roasted pumpkin seeds
• Roasted sweet corn
• Soul cakes
• Novelty candy shaped like skulls, pumpkins, bats, worms, etc.

Around the world

With its roots in Celtic cultures, Halloween is not celebrated in all countries and regions of the world, and among those that do the traditions and importance of the celebration vary significantly. Celebration in the United States has had a significant impact on how the holiday is observed in other nations. The history of Halloween traditions in a given country also lends context to how it is presently celebrated.

Religious perspectives

In North America, Christian attitudes towards Halloween are quite diverse. In the Anglican Church, some dioceses have chosen to emphasize the Christian traditions of All Saints’ Day,^[36][37] while some other Protestants celebrate the holiday as Reformation Day, a day to remember the Protestant Reformation.^[38][39]

Many Christians ascribe no negative significance to Halloween, treating it as a purely secular holiday devoted to celebrating “imaginary spooks” and handing out candy. Halloween celebrations are common among Roman Catholic parochial schools throughout North America and in Ireland. In fact, the Roman Catholic Church sees Halloween as having a Christian connection.^[40] Father Gabriele Amorth, a Vatican-appointed exorcist in Rome, has said, “[I]f English and American children like to dress up as witches and devils on one night of the year that is not a problem. If it is just a game, there is no harm in that.”^[1]

Most Christians hold the view that the tradition is far from being “satanic” in origin or practice and that it holds no threat to the spiritual lives of children: being taught about death and mortality, and the ways of the Celtic ancestors actually being a valuable life lesson and a part of many of their parishioners’ heritage.^[41] Other Christians feel concerned about Halloween, and reject the holiday because they believe it trivializes (and celebrates) “the occult” and what they perceive as evil.^[2] A response among some fundamentalists in recent years has been the use of Hell houses or themed pamphlets (such as those of Jack T. Chick) which attempt to make use of Halloween as an opportunity for evangelism.^{[42][dead link]}

Some consider Halloween to be completely incompatible with the Christian faith^[43] due to its origin as a pagan “Festival of the Dead.” In more recent years, the Roman Catholic Archdiocese of Boston has organized a “Saint Fest” on the holiday.^[42] Many contemporary Protestant churches view Halloween as a fun event for children, holding events in their churches where children and their parents can dress up, play games, and get candy. Jehovah’s Witnesses do not celebrate Halloween for they believe anything that originated from a pagan holiday should not be celebrated by true Christians.^[44]

Religions other than Christianity also have varied views on Halloween. Celtic Pagans consider the season a holy time of year.^[45] Celtic Reconstructionists, and others who maintain ancestral customs, make offerings to the Gods and the ancestors.^[45]

Some Wiccans feel that the tradition is offensive to “real witches” for promoting stereotypical caricatures of “wicked witches”.^[3] Traditional Judaism frowns upon the celebration of Halloween.”^[46]

In Arab countries where it is celebrated, devotion is given to St. Barbara.

+++++++++++++++++++++++++++++++++++++++++++

The Red Flags Rule:

Frequently Asked Questions

The Red Flags Rule requires many businesses and organizations to implement a written Identity Theft Prevention Program to detect the warning signs – or “red flags” – of identity theft in their day-to-day operations.  The staff of the Federal Trade Commission (FTC) has heard from companies across the country that are developing Programs.  Their questions – and the FTC’s answers – may help you develop a Program for your business.

These FAQs relate only to the Red Flags Rule and don’t address the applicability of other laws.  If you work for a bank, federally chartered credit union, or savings and loan, check with your federal regulatory agency for guidance.  The FAQs represent the opinions of the FTC staff, and aren’t binding on the Commission.  FTC staff will update these FAQs to address new questions from businesses.

A.  General Questions

About the Red Flags Rule

<!–

1. Where can I find the Red Flags Rule?
2. I’m not an attorney.  Where can I find plain-language guidance on complying with the Rule?

–>

B.  Who’s Covered by the

Red Flags Rule?

<!–

1. What types of businesses and organizations are covered by the Red Flags Rule?
2. Do all creditors and financial institutions need to have a written Identity Theft Prevention Program?
3. Is my coverage under the Red Flags Rule based on whether I pull credit reports or collect personal information like Social Security Numbers?
4. Am I a creditor because I accept certain forms of payment – say, checks, credit or debit cards, or automatic account debits – even if I don’t extend or arrange for credit myself?
5. Our clients pay a retainer before we provide services.  Although we may send an invoice for our charges, we satisfy it by drawing on the retainer.  Does this make us a creditor under the Red Flags Rule?
6. My law firm brings cases on a contingency basis.  Does this type of fee arrangement make me a creditor under the Red Flags Rule?
7. What does it mean to “regularly” extend credit?
8. Am I a creditor under the Rule if I extend credit to other businesses?
9. Do I have covered accounts if I’m a business creditor?
10. Am I a creditor if I regularly refer customers to third parties for credit?
11. I regularly arrange for the extension, renewal, or continuation of credit for my customers, so I’ve determined I’m a “creditor” under the Red Flags Rule. Do I need to have a written Identity Theft Prevention Program?
12. Our company offers individual retirement plans that allow participants to get loans from their own plan account.  Does that make us or the plan a creditor under the Rule?
13. If our company meets the definition of a “financial institution” or “creditor,” are the individual retirement accounts we make available to our employees considered “covered accounts” that must be included in our written Identity Theft Prevention Program?
14. Am I a creditor if I offer my employees health care flexible spending accounts that reimburse them for elected amounts that are more than they’ve contributed to date?  Am I a creditor if I serve as a third-party administrator that maintains those accounts for employees of other companies?
15. Are we a “financial institution” under the Red Flags Rule if we have accounts for our clients and offer a way for them to make payments or transfers to third parties with a debit card, check, or wire transfer?

–>

C.  The Red Flags Rule and

Government Agencies,

Non-Profit Organizations,

and Schools

<!–

1. Does the Red Flags Rule apply to government agencies and non-profit organizations?
2. What about municipalities, cities, or counties that send tax bills, issue parking tickets, or impose fines?  Are they “creditors” under the Rule?
3. What if I work for a municipality, city, or county, and we’ve already determined our activities fall within the Rule’s definition of “creditor” or “financial institution”?  Do our taxes, fines, etc., become “covered accounts” under the Red Flags Rule?
4. If we provide a mandatory municipal service that a customer can’t decline – like sewage – are we considered a “creditor” under the Rule?
5. Are schools that regularly offer tuition payment plans creditors under the Rule?

–>

D.  Designing Your

Identity Theft Prevention Program

<!–

1. Do creditors or financial institutions have to develop an Identity Theft Prevention Program if they already comply with data security requirements like the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLB)?
2. Does the Rule require that I have specific practices or procedures in my Program – like identifying a particular red flag or reporting suspected identity theft?
3. Does the Red Flags Rule require me to check photo IDs of my customers?  If I check photo IDs, should I keep copies?
4. Does the Red Flags Rule require that I use Social Security numbers to verify my customers’ identity?
5. How do my obligations under other laws affect the implementation of my Identity Theft Prevention Program?
6. Under what circumstances should I contact law enforcement?  Who handles identity theft?
7. Are there samples or templates to help me set up my Program?
8. Is there a Red Flags certification or accreditation that will ensure our Program complies with the Rule?
9. We’re a creditor that regularly arranges for our customers to get credit from third parties and we have covered accounts.  What should our Identity Theft Prevention Program look like?
10. Does the FTC have a sample training policy for employees?
11. What if we hire service providers?  If our business has to have a Program under the Rule, do our service providers need a Program, too?

–>

E.  Red Flags Rule

Compliance and Enforcement

November 2008
Kevin D. Lyles

You may be surprised to learn that your business must comply with the new identity theft Red Flag Rules. Not only are credit card companies and financial institutions subject to these rules, but any company that regularly extends or merely arranges for the extension of credit is also subject to them. Thus, finance companies, mortgage brokers, automobile dealers, telecommunications companies, and utility companies, among others, will have to comply with the Red Flag Rules. If your company extends or arranges for the extension of credit, the Red Flag Rules require you to have an identity theft prevention program.

Background

On December 4, 2003, the President signed into law the Fair and Accurate Credit Transactions Act (“FACTA”). FACTA was enacted by Congress to provide consumers with increased protection from identity theft. The regulations directed six agencies to jointly “establish and maintain guidelines . . . [that] identify patterns, practices, and specific forms of activity that indicate the possible existence of identity theft.”[1] Accordingly, the six agencies published the final regulations on November 9, 2007, and those regulations became effective January 1, 2008,[2] with a mandatory compliance date of November 1, 2008.[3]

On October 22, 2008, one of the six agencies, the Federal Trade Commission (“FTC”), announced that it will suspend enforcement of the Red Flag Rules until May 1, 2009, to give creditors and financial institutions additional time in which to develop and implement written identity theft prevention programs. The FTC’s delay in enforcement, however, does not affect the other federal agencies’ enforcement of the original November 1, 2008, compliance deadline for financial institutions subject to their oversight. But for most creditors, the FTC’s delay in enforcement will give them much-needed time to become compliant with the Red Flag Rules.

The final regulations contain three parts. First, they require covered entities to create a written identity theft program designed to detect, prevent, and mitigate identity theft in connection with certain covered accounts (the “Red Flag Rules” or the “Rules”). Second, the regulations require users of consumer reports to adopt policies for verifying identity when they receive a notice of address discrepancy from a consumer reporting agency. Third, the regulations impose requirements on debit and credit card issuers to implement procedures to assess the validity of address changes under certain circumstances. This Commentary focuses on only the Red Flag Rules portion of the regulations.

Covered Entities

The Red Flag Rules cover financial institutions and creditors that offer or maintain covered accounts. The breadth of the Rules comes from the broad definition of “creditors.” The term “creditor” means “any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit.”[4] Consequently, many entities involved in the process of extending or maintaining credit must comply with the Red Flag Rules despite the fact that they do not extend credit themselves. For example, a retailer that takes applications for a third-party credit card or the car dealer that partners with a local bank branch to facilitate car loans will likely be subject to the Rules. Similarly, where nonprofit and government entities, such as many hospitals, defer payment for goods and services, they too will be considered creditors.

In addition to creditors, financial institutions are also required to comply with the Red Flag Rules. For purposes of the Rules, “financial institution” means a bank, savings and loan association, mutual savings bank, credit union, or any other person who, directly or indirectly, holds a transaction account belonging to a consumer.[5]

Under the Red Flag Rules, only those creditors and financial institutions that offer or maintain covered accounts are required to develop and implement an identity theft prevention program. A “covered account” is “(i) [a]n 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 . . . and (ii) any other account . . . for which there is a reasonably foreseeable risk to customers . . . from identity theft . . . .”[6] Covered accounts include credit card accounts, mortgage loans, automobile loans, margin accounts, cell phone accounts, utility accounts, and checking and savings accounts. In determining whether the Red Flag Rules apply, a company should consider the types of accounts it offers, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with identity theft.[7] Additionally, the company should periodically perform a reassessment of all of its accounts to determine whether they are covered accounts that trigger the application of the Rules.

Designing a Program

Companies subject to the Red Flag Rules must design and implement a written identity theft prevention program that is designed to detect, prevent, and mitigate identity theft in connection with the opening of a covered account or any existing covered account.[8] The Rules do not specify the contents of the program that must be adopted. An Appendix to the Rules contains Guidelines to assist companies in creating and maintaining their programs. The Rules require that the Guidelines be considered, but companies are free to tailor their programs as they see fit. The Rules give companies a great deal of flexibility, requiring merely that a company design and implement a program that is appropriate to the size and complexity of the company and the nature and scope of its activities.

The Red Flag Rules do require identity theft prevention programs to include “reasonable policies and procedures” to identify relevant red flags and incorporate them into the program, to detect those red flags, to respond appropriately when red flags are detected, and to ensure that the program is updated periodically. Each of these elements is discussed below.

Identify Relevant Red Flags. The first step in creating an identity theft prevention program, as required by the Red Flag Rules, is to determine which red flags are relevant to the company and to incorporate those red flags into its program.[9] “Red flags” are patterns, practices, or specific activities that indicate the possible existence of identity theft in connection with a covered account. The company should examine the covered accounts it currently offers or maintains and identify potential sources of red flags. A Supplement to the Rules sets forth 26 examples of potential red flags. While not all 26 of the example red flags must be incorporated, the company should seriously consider each example and have legitimate reasons for not incorporating any of them in the final written program. The company also should take into account its previous experience with identity theft in determining the appropriate red flags for its program. Red flags may include the following:

• An application that appears to have been forged, altered, or destroyed and reassembled.
• A consumer report that includes a fraud alert, credit freeze, or address discrepancy.
• A change-of-address notice that is followed shortly by a request for a new credit card, bank card, or cell phone.
• A Social Security number supplied by an applicant that is the same as that submitted by another person opening an account.
• An address or telephone number supplied by an applicant that is the same or similar to the account number or telephone number submitted by an unusually large number of other persons.
• Notification of the financial institution or creditor that the customer is not receiving account statements.
• Use of an account that has been inactive for a reasonably lengthy period of time.

Detect Red Flags. The company should implement procedures to detect the identified red flags. The company should be sure to verify the identity of persons opening new covered accounts and should authenticate customers with existing covered accounts.[10] For guidance, the company can refer to the verification procedures set forth in the Customer Identification Program rules that apply to financial institutions.[11

Establish Response Procedures. The company should develop appropriate policies and procedures to respond to any red flags that are detected. The responses, which should be commensurate with the degree of risk posed, may include monitoring an account, contacting the customer, changing passwords, or notifying law enforcement. In some situations, it may be appropriate to determine that no response is necessary.[12]

Ensure That the Program Is Updated Periodically. It is important for the company to periodically update its program to reflect changes in risks. The company must remain up to date with changes in identity theft, and as necessary, it must incorporate new methods of combating identity theft. Additionally, the company should be aware that risks may change when it alters its business arrangements or modifies the types of accounts it offers.[13]

Methods for Administering the Program

Approval of the initial written program must be obtained from the company’s board of directors or an appropriate committee thereof.[14] Oversight of the implementation and administration of the program must be done by the board, a board committee, or a designated employee at the level of senior management.[15] This oversight also includes reviewing reports and approving material changes to the program.[16] If the company has any arrangements with service providers, it must exercise oversight of those providers.[17] This can be done, for example, by requiring service providers to have their own Red Flag programs or by requiring them to follow the company’s program.

Consequences of Noncompliance

Failure to comply with the Red Flag Rules can result in various penalties. Consequences may include a civil money penalty for each violation, regulatory enforcement action, and negative publicity.[18] Although the Rules do not allow for any private legal action in the event of a violation,[19] there is the potential for private-plaintiff lawsuits under other laws because a violation of federal rules may itself be a violation of state laws. These state laws may permit actions by consumers or state attorneys general. In any event, it is likely that, over time, the Red Flag Rules will become a de facto standard of care applied to determine whether a company has negligently allowed a customer’s identity to be stolen.

Conclusion

In general, the new Red Flag Rules require companies with covered accounts to take reasonable measures to ensure the safety of sensitive consumer information. The Rules are intended to detect, prevent, and mitigate the risk of identity theft, but they do not require companies to adopt any particular policy or procedure. Rather, companies can scale their programs to match the size, complexity, and nature of their businesses. The process a company follows in adopting its identity theft prevention program will go a long way toward establishing that the program is reasonable. At a minimum, the company should be capable of justifying the policies and procedures it adopts by demonstrating that it has seriously considered the pertinent risks and has attempted to minimize them.

Lawyer Contact

For further information, please contact your principal Firm representative or the lawyer listed below. General email messages may be sent using our “Contact Us” form, which can be found at www.jonesday.com.

Kevin D. Lyles
1.614.281.3821
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This Commentary was prepared with assistance from Corey Dickey, a summer associate in the Columbus Office.

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