Which of the following federal agencies does NOT enforce the Disposal Rule under the Fair and Accurate Credit Transactions Act (FACTA)?

Which of the following federal agencies does NOT enforce the Disposal Rule under the Fair and Accurate Credit Transactions Act (FACTA)?

A. The Office of the Comptroller of the Currency

B. The Consumer Financial Protection Bureau

C. The Department of Health and Human Services

D. The Federal Trade Commission

View Answer

Answer: C

Explanation:

The Disposal Rule under the Fair and Accurate Credit Transactions Act (FACTA) is a federal regulation that requires any person or entity that maintains or possesses consumer information derived from consumer reports to dispose of such information in a secure and proper manner1.

The Disposal Rule aims to protect consumers from identity theft and fraud by preventing unauthorized access to or use of their personal information1.

The Disposal Rule is enforced by several federal agencies, depending on the type and sector of the entity that is subject to the rule1. These agencies include:

The Federal Trade Commission (FTC), which has general authority over most entities that are not specifically regulated by other agencies2.

The Consumer Financial Protection Bureau (CFPB), which has authority over consumer financial products and services, such as banks, credit unions, lenders, debt collectors, and credit reporting

agencies3.

The Office of the Comptroller of the Currency (OCC), which has authority over national banks and federal savings associations4.

The Federal Deposit Insurance Corporation (FDIC), which has authority over state-chartered banks that are not members of the Federal Reserve System and state-chartered savings associations5. The Board of Governors of the Federal Reserve System (FRB), which has authority over state-chartered banks that are members of the Federal Reserve System, bank holding companies, and certain nonbank subsidiaries of bank holding companies.

The National Credit Union Administration (NCUA), which has authority over federally insured credit unions.

The Securities and Exchange Commission (SEC), which has authority over brokers, dealers, investment companies, and investment advisers.

The Commodity Futures Trading Commission (CFTC), which has authority over commodity futures and options markets and intermediaries.

The Department of Health and Human Services (HHS) is NOT one of the federal agencies that enforces the Disposal Rule under FACTA. HHS has authority over health information privacy and security under the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH), but not under FACTA.

Reference: 1: Disposing of Consumer Report Information? Rule Tells How 2: FTC Enforcement 3: CFPB Enforcement 4: OCC Enforcement 5: FDIC Enforcement : [FRB Enforcement] : [NCUA Enforcement] : [SEC Enforcement] : [CFTC Enforcement] : [HHS Enforcement]