Legal Jobs Guide

What FACTA means is that if you, as an individual, lose the information on anyone you have ever hired; or, for any business in the United States of America that collects any personal information on people, if the information should be lost due to not destroying the information properly, then two things can happen. First, there are federal fines of up to $2,500.00, and state fines up to $1,000, per employee, per incident. Second, the business is liable for any damages the individual suffers as the result of a breach of information.

Take an example that the company loses information due to negligent destruction (i.e. you don’t own a shredder and throw the information into the dumpster). Nothing in FACTA really determines what the employee has to do to prove “negligent destruction” on the part of the employer, so an employee could simply state that the employer had lost the information, and even if the employer had burned the information into ashes, it would be up to the employer to show that the information had not gotten out due to his or her company’s negligence.

Business Week says that the average damages for Identity Theft victims are $92,000.00 and up per person. Using this statistic, if you have 10 employees lose their identities, then on average, your liability is $920,000.00. Statistically, you are responsible for an average of 75 bad checks and 8 credit cards per employee. The average Identity Theft victim also spends 600 hours getting their credit restored, which means that you will have 600 hours per employee, so potentially 6,000 hours for 10 employees, which you will be responsible for paying employees who aren’t even at work, because they have taken time off to deal with the Identity Theft.

According to John Gardner, co-author of Chicken Soup for the Entrepreneurial Soul, “The damages are devastating to any business.”

There are many problems related to people’s identities that don’t deal with credit issues. Contrary to popular belief, only 26% of identity theft issues relate to credit issues. The other 74% of the issues, according to Gardner, are related to the following four areas:

Someone stealing your DMV record. Example: An identity thief wants to drive under your employee’s name instead of theirs. This will help the Identity Thief to not get caught in cases of DUI, unpaid speeding tickets, etc. Your employee is then blamed for their driving record.

Someone stealing your MIB record. This is your Medical Information Bureau Record. Example: An Identity Thief wants to have an AIDS test done in your employee’s name, rather than theirs, or have their prescriptions filled using your employee’s Medicaid or Medicare benefits

Someone stealing your character identity to commit a crime in your name. Imagine this - your future employee comes to your child care facility, and everything sounds good about this candidate. However, you run a criminal background check, and find out that they have three arrests for child pornography and one for drug trafficking to minors. You bring the record to their attention, and they insist it’s not them.

Your employment record. Example: An Identity Thief wants to earn income using your employee’s social security number, but let your employee pay taxes on the money they earn.

As a result of this, Gardner says that “Businesses need to offer 24 hour per day, 7 day per week access to attorneys.I think that the danger is so large to any business, that they may want to [pay for] some of the cost of this, to encourage the employees to get the benefitIf a business does not understand that they need the help, they are living in a dream world.”

Employers should also offer some sort of Identity Theft protection, and ongoing background monitoring. This can be offered as a voluntary benefit which has no real cost to the employer, as a fringe benefit paid by the employer, or can be a combination of both. When an identity thief uses your employee’s information, (for example an identity thief takes the employee’s current address, and uses it as their previous address when they apply for a mortgage,) ongoing background monitoring will notify your employee when the identity theft happens.

Most people don’t find out that they have become victims until that Identity Thief, who has used your employee’s credit to finance their mortgage, stops paying bills, is picked up for a crime, or doesn’t pay taxes. Ongoing monitoring provides an early warning system, so that your employee will be able to call an expert who can correct the problem when it takes place. This will save your employee’s time, and limit the losses your employee will incur as a result of the breach of their information. This will also save you the costs associated with the frustration and lack of ability to pay attention as work.

Even if your employees don’t elect to have the benefits of legal services and identity theft protection, having a mandatory meeting where employees hear that you have made this coverage available to them will provide an affirmative defense, should an employee ever accuse you, as the employer, of having lost their personal information.

Under FACTA, access to an attorney and credit restoration, are benefits that employers need to offer. Ongoing background monitoring will mitigate damages that the employee can experience because the early warning system will be in place to handle the issues. Access to an attorney and credit restoration will drastically reduce the time the employee spends away from work dealing with the issues surrounding identity theft and other personal legal problems.

Failure on the part of an employer to offer this benefit leaves a company exposed to thousands (and even millions) of dollars in potential damages, and leaves employees subject to the time, frustration, and headaches associated with being a victim of Identity Theft.

Jonathan Kraft is a benefits consultant who specializes in educating people about how they can get affordable access to the legal system. Because of his work in the field of electronic Identity Theft, he has come to be known as Colorado’s Foremost Expert on Computer Related Identity Theft. To schedule a time for Mr. Kraft’s company to present Identity Theft and Legal Service protection to your employees, please contact him at (877) 825-7119. You can also find out more on the web at http://www.strive4impact.com/group

Tags: FACTA, group legal benefits, Identity Theft, Legal benefitsFACTA, group legal benefits, Identity Theft, Legal benefits

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FACTA stands for Fair and Accurate Credit Transaction Act. FACTA is the law which allows any American access to their credit report once per year. The law went into effect Jan. 1, 2005. So what does that mean for you as an employer?

On June 1, 2005, a new provision of FACTA goes into effect. It says that any employer (even if you only employ one person, and you have their personal information so that you can pay social security taxes,) whose action or inaction results in the loss of employee information, can be fined by federal and state government, and sued in civil court.

A USA Today article on FACTA from Jan. 14. 2005, stated “Bet you didn’t know that.” But you need to know, and need to know what you can do to protect yourself.

Small Businesses affected the most

‘”A small businessman who makes a mistake could bear the brunt of a regulation like this,” says James Plummer, policy analyst at Consumer Alert, a non-profit group that focuses on a free-market approach to consumer regulations.’

The USA Today article goes on to say that “if you don’t shred and information gets out, there are penalties.” But what if you do shred all potential employee information, and take all necessary precautions to protect your past, current, and future employees’ identities, and the information still gets out somehow? Under FACTA, you could still be held responsible.

You may not think information theft could happen to you, but neither did this short list of companies, universities, government institutions, and businesses that have had employee or customer information stolen from them:

DSW Shoe Warehouse

Lexis Nexis

University of Northern Colorado

California State University (Chico)

University of California - Berkeley

University of Maryland

Las Vegas Department of Motor Vehicles

Bank of America

Choice Point

Weld County (CO) Employees (information stolen by an inmate while in jail)

How can you, as an employer, minimize your liability?

There are hundreds of things you can do to minimize liability, which are probably things you already do. Document shredding, redaction of electronically stored information, careful screening of employees who will be coming into contact with personal information of customers and employees, physically locking file drawers with sensitive information, and setting up firewalls on computer equipment connected to the Internet, among hundreds of other solutions, are all good ideas.

The old saying that an ounce of prevention is worth a pound of cure is definitely the case when it comes to securing personal information. However, no matter what prevention steps you take, there is no 100% effective way to be sure that employee’s information won’t be compromised. Even if the information doesn’t get out from your company, an employee can claim that it did.

That’s a scary thought! What if an employee claims that their information was stolen through the actions of your company, but there’s no real proof to back it up? You will end up hiring (or using) an attorney to represent and defend your company in court. At $150 - $200/hour for most attorneys across the United States, how long can you afford to defend your company?

So what can you do?

The only sure solution, or at least the only solution that would at least provide an affirmative defense against the fines, fees, and lawsuits you could incur as an employer, is to offer some sort of Identity Theft protection as a benefit to your employees.

As an employer, you can choose whether or not to pay for this added benefit. However, the most important thing you can do is to make the protection available, and have a mandatory employee meeting, similar to what you probably already do for health insurance, to help employees understand Identity Theft and the protection that you are making available to them. When you make the protection available, and when your employees have been educated on the dangers of Identity Theft, they can either elect to have identity theft coverage as a benefit, or they can decline the coverage as a benefit.

If the employee has Identity Theft coverage and becomes a victim, it is beneficial to your business, because an employee with Identity Theft coverage will spend less time, less money, and will experience less frustration while trying to have their information restored. This will get them back on the job and focused on work more quickly.

If the employee declines the coverage, and later claims that the information was stolen as a result of you or your company’s actions, you have a piece of paper, with their signature, saying that they attended the presentation and declined the coverage.

Choosing to not make Identity Theft coverage available leaves you exposed to an unlimited dollar amount that you can be sued for under civil liability, federal fines of up to $2,500.00 per employee per incident, and state fines of up to $1,000.00 per employee per incident.

Recommended course of action? Have a benefits consultant who offers an Identity Theft protection plan present to your employees. Help them set up a 20 minute presentation with your employees, and make it mandatory that all employees attend. You want your employees to be protected from this awful crime. If they choose not to be, but you’ve given the option of being protected, then the liability becomes theirs, not yours, when they become a victim of identity theft.

Jonathan Kraft is a benefits consultant who specializes in educating people about how they can get affordable access to the legal system. Because of his work in the field of electronic Identity Theft, he has come to be known as Colorado’s Foremost Expert on Computer Related Identity Theft. To schedule a time for Mr. Kraft to present Identity Theft and Legal Service protection to your employees, please contact him at (877) 825-7119. You can also find out more on the web at http://www.strive4impact.com/group

Tags: FACTA, group legal benefits, Identity Theft, Legal benefitsFACTA, group legal benefits, Identity Theft, Legal benefits

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Someone recently told me, “You would have to be a stupid to lose your personal information.” While I respectfully responded to this person in the moment, the comment has stuck with me. I present on Identity Theft all over the Western United States, and thought I would respond to this particular individual in writing.

There are multitudes of ways to lose your personal information. You have undoubtedly heard of many of them. Fake web sites, data theft, stealing people’s trash, stealing people’s outgoing mail, check fraud, etc., are just a few of the possibilities for loss of information. Job ads are also being used for Identity Theft. Monster.com ranks fake companies posing as real companies on their web site among their biggest problems.

So, to you who think that it could never happen to you, you might want to read this next sentence twice. No matter how good you are, no matter how vigilant, no matter how much you shred or tear, no matter how many times you go to the post office so that you don’t put outgoing mail in your home mailbox, regardless of how well you can hide in your home, there is no 100% effective defense against Identity Theft. Let me say that again, in case you don’t read it twice. There is NO 100% effective method to defend yourself against identity theft.

Here’s an example of why. Let’s say you want to get health insurance, or auto insurance, or finance a car, etc. etc. etc. Let’s say for purposes of this example that you are trying to get health insurance through your company. This is a relatively simple process, right? Fill out the form, and wait to get the insurance cards in the mail.

What you may not realize is that the insurance agent has taken the form you filled out and submitted it for group health. It is submitted to three different companies for underwriting. So now, the insurance agent and the insurance company has the information from you, the three companies supplying the insurance coverage have the information on you, AND all of the employees at all four points have access to the information. Think about how many employees that might be.

That information is often then passed on to a data warehouse like ChoicePoint, and anyone who has access to ChoicePoint now has access to that information. Who has access to ChoicePoint? I think with the recent news articles, the more appropriate question is, who doesn’t have access to ChoicePoint?

The information is also submitted to your MIB (Medical Information Bureau) file. Anyone who has access to the MIB files, now has access to all of that information. Who has access to the Medical Information Bureau records? Anyone, at any hospital around the United States, who has even a small amount of clearance, has access to the Medical Information Bureau records.

According to John Gardner, co-author or Chicken Soup for the Entrepreneurial Soul, “This makes the Identity Theft Shield, along with a Pre-Paid Legal Services Membership, an absolute must for anyone that’s breathing.”

So to you, sir, who more or less said to me, “You’d have to be stupid to become a victim of Identity Theft!” I wish you my best. If you want to continue thinking that shredding your information is going to protect you, then for you I respectfully choose a phrase used by my friend Larry Smith. “Sometimes, you just can’t fix stupid.”

Jonathan Kraft is Colorado’s foremost expert on computer-related Identity Theft. He has been helping employers and employees to protect themselves from the issues surrounding Identity Theft since long before identity theft reached today’s epidemic proportions. To learn how Mr. Kraft can protect you or your company against the effects of Identity Theft, please call 877 825-7119, or email mailto:jkraft@strive4impact.com. You can also find out more online at http://www.strive4impact.com/idt

Tags: FACTA, group legal benefits, Identity Theft, Legal benefitsFACTA, group legal benefits, Identity Theft, Legal benefits

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