As the December 31st deadline approaches for FTC enforcement of the Red Flags Rule, we still seem quite a ways off from getting out from under the cloud of confusion and debate related to the definition of ‘creditor’ under the statutory provisions. For example, the Thune-Begich amendment to “amend the Fair Credit Reporting Act with respect to the applicability of identity theft guidelines to creditors” looks to greatly narrow the definition of creditor under the Rule, and therefore narrow the universe of businesses and institutions covered by the Red Flags Rule. The question remains, and will remain far past the December 31 enforcement deadline, as to how narrow the ‘creditor’ universe gets. Will this amendment be effective in excluding those types of entities generally not in the business of extending credit (such as physicians, lawyers, and other service providers) even if they do provide service in advance of payment collection or billing? Will this amendment exclude more broadly, for example ‘buy-here, pay-here’ auto dealers who don’t extend credit or furnish data to a credit reporting agency? Finally, is this the tip of an iceberg in which more entities opt out of the requirement for robust and effective identity theft prevention programs? So one has to ask if the original Red Flags Rule intent to “require many businesses and organizations to implement a written Identity Theft Prevention Program designed to detect the warning signs – or “red flags” – of identity theft in their day-to-day operations, take steps to prevent the crime, and mitigate the damage it inflicts” still holds true? Or is the idea of protecting consumer identities only a good one when it is convenient? It doesn’t appear to be linked with fraud risk as healthcare fraud, for example, is of major concern to most practitioners and service providers in that particular industry. Lastly, from an efficiency perspective, this debate would likely have been better timed at the drafting of the Red Flags Rule, and prior to the implementation of Red Flags programs across industries that may be ultimately excluded.
Red Flags Rule – just weeks until the FTC enforcement date of December 31. Well beyond that for clarity.
Related Posts
In today’s digital lending landscape, fraudsters are more sophisticated, coordinated, and relentless than ever. For companies like Terrace Finance — a specialty finance platform connecting over 5,000 merchants, consumers, and lenders — effectively staying ahead of these threats is a major competitive advantage. That is why Terrace Finance partnered with NeuroID, a part of Experian, to bring behavioral analytics into their fraud prevention strategy. It has given Terrace’s team a proactive, real-time defense that is transforming how they detect and respond to attacks — potentially stopping fraud before it ever reaches their lending partners. The challenge: Sophisticated fraud in a high-stakes ecosystem Terrace Finance operates in a complex environment, offering financing across a wide range of industries and credit profiles. With applications flowing in from countless channels, the risk of fraud is ever-present. A single fraudulent transaction can damage lender relationships or even cut off financing access for entire merchant groups. According to CEO Andy Hopkins, protecting its partners is a top priority for Terrace:“We know that each individual fraud attack can be very costly for merchants, and some merchants will get shut off from their lending partners because fraud was let through ... It is necessary in this business to keep fraud at a tolerable level, with the ultimate goal to eliminate it entirely.” Prior to NeuroID, Terrace was confident in its ability to validate submitted data. But with concerns about GenAI-powered fraud growing, including the threat of next-generation fraud bots, Terrace sought out a solution that could provide visibility into how data was being entered and detect risk before applications are submitted. The solution: Behavioral analytics from NeuroID via Experian After integrating NeuroID through Experian’s orchestration platform, Terrace gained access to real-time behavioral signals that detected fraud before data was even submitted. Just hours after Terrace turned NeuroID on, behavioral signals revealed a major attack in progress — NeuroID enabled Terrace to respond faster than ever and reduce risk immediately. “Going live was my most nerve-wracking day. We knew we would see data that we have never seen before and sure enough, we were right in the middle of an attack,” Hopkins said. “We thought the fraud was a little more generic and a little more spread out. What we found was much more coordinated activities, but this also meant we could bring more surgical solutions to the problem instead of broad strokes.” Terrace has seen significant results with NeuroID in place, including: Together, NeuroID and Experian enabled Terrace to build a layered, intelligent fraud defense that adapts in real time. A partnership built on innovation Terrace Finance’s success is a testament to what is possible when forward-thinking companies partner with innovative technology providers. With Experian’s fraud analytics and NeuroID’s behavioral intelligence, they have built a fraud prevention strategy that is proactive, precise, and scalable. And they are not stopping there. Terrace is now working with Experian to explore additional tools and insights across the ecosystem, continuing to refine their fraud defenses and deliver the best possible experience for genuine users. “We use the analogy of a stream,” Hopkins explained. “Rocks block the flow, and as you remove them, it flows better. But that means smaller rocks are now exposed. We can repeat these improvements until the water flows smoothly.” Learn more about Terrace Finance and NeuroID Want more of the story? Read the full case study to explore how behavioral analytics provided immediate and long-term value to Terrace Finance’s innovative fraud prevention strategy. Read case study
Experian is proud to be a Thought Leadership Sponsor at this year’s Federal Identity Forum & Expo. Meet us on site at FedID!
Now in its tenth year, Experian’s U.S. Identity and Fraud Report continues to uncover the shifting tides of fraud threats and how consumers and businesses are adapting. Our latest edition sheds light on a decade of change and unveils what remains consistent: trust is still the cornerstone of digital interactions. This year’s report draws on insights from over 2,000 U.S. consumers and 200 businesses to explore how identity, fraud and trust are evolving in a world increasingly shaped by generative artificial intelligence (GenAI) and other emerging technologies. Highlights: Over a third of companies are using AI, including generative AI, to combat fraud. 72% of business leaders anticipate AI-generated fraud and deepfakes as major challenges by 2026. Nearly 60% of companies report rising fraud losses, with identity theft and payment fraud as top concerns. Digital anxiety persists with 57% of consumers worried about doing things online. Ready to go deeper? Explore the full findings and discover how your organization can lead with confidence in an evolving fraud landscape. Download report Watch on-demand webinar Read press release