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Stay Red Flag Compliant: Identity Theft Prevention and Affiliate Marketing Requirements Under FACTA


Learn more about identity theft prevention and how to stay compliant with affiliate marketing under FACTA.

The Fair and Accurate Credit Transaction Act (FACTA) amended the Fair Credit Reporting Act to direct the FTC and other federal agencies to establish requirements for financial institutions to establish reasonable policies and procedures to prevent identity theft. FACTA also establishes special and complex rules related to sharing information with affiliates for marketing purposes. The FTC and other regulators actively enforce these requirements. This topic will provide an overview of these requirements with practical compliance tips to help ensure your program is up to speed.



Donnelly L. McDowell

Donnelly L. McDowell

Kelley Drye & Warren LLP

  • Partner with Kelley Drye & Warren LLP
  • Practice focuses on all aspects of advertising and consumer protection law with specialized concentrations in consumer finance, food and drug law, and direct sales and network marketing compliance
  • Regularly represents clients in contested matters such as regulatory inquiries and investigations by the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), and the Food & Drug Administration (FDA), as well as state attorneys general and district attorneys
  • J.D. degree, George Washington University law School; A.B. degree, Princeton University
  • Can be contacted at 202-342-8645 and [email protected]

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