FACT Act Clause Samples
The FACT Act clause refers to provisions that ensure compliance with the Fair and Accurate Credit Transactions Act, a federal law designed to protect consumers from identity theft and ensure the accuracy of credit information. In practice, this clause typically requires parties to implement safeguards for handling consumer information, such as proper disposal of sensitive data and procedures for responding to identity theft incidents. Its core function is to allocate responsibility for data protection and regulatory compliance, thereby reducing the risk of legal liability and protecting consumer privacy.
FACT Act. The sale or transfer of the Mortgage Loan by the Seller complies with all applicable federal, state, and local laws, rules, and regulations governing such sale or transfer, including, without limitation, the Fair and Accurate Credit Transactions Act (“FACT Act”) and the Fair Credit Reporting Act, each as may be amended from time to time, and the Seller has not received any actual or constructive notice of any identity theft, fraud, or other misrepresentation in connection with such Mortgage Loan or any party thereto.
FACT Act. Subject to Sections 3.6.2.1 and 3.8.5 of this Agreement, FMER shall perform its obligations under this Agreement in conformity with the requirements imposed on SunTrust as a user and furnisher of consumer report information under the Fair and Accurate Credit Transactions Act of 2003 and all regulations issued pursuant thereto, including proper responses to fraud alerts, active duty alerts, red flags, and address mismatch notices that are included in any consumer report obtained in connection with the origination of a Loan and timely and lawful forwarding to SunTrust of any identity theft report received from any Applicant.
FACT Act. Servicer’s performance of its Servicing obligations under this Agreement shall include, without limitation, compliance with the requirements imposed on Lender, as identified by Lender and as included in this Agreement or the Servicing Guidelines, as a user and furnisher of consumer report information under the Fair and Accurate Credit Transactions Act of 2003 and all regulations issued pursuant thereto, including, without limitation, timely and lawful response to any identity theft report received from any Borrower or consumer reporting agency and the obligation to respond to a credit report reinvestigation request in accordance with the Identity Theft Procedures. Servicer shall notify Lender if it becomes aware that any Borrower is on any list published and maintained by the government of the United States of America of persons or entities with whom the Lender’s transaction of business is restricted, as those lists are currently set forth in Section 5.07 above.
FACT Act. For so long as Custodian is performing services under this Agreement related to a “covered account” (as defined in the applicable regulations implementing the FACT Act, Pub. L. 108-159), such services will be conducted in accordance with reasonable policies and procedures designed to detect, prevent and mitigate the risk of identity theft, which reasonableness will be based on the nature of the services provided and the extent and regularity of access to such accounts.