GLBA
GLBA: Subchapter II (15 USC 6821-6827) Pretexting Prohibition and Criminal Penalties

GLBA GLBA-Sec6821-Pretexting-Prohibition-Criminal: GLBA Section 6821 + 6823 - Pretexting Prohibition and Criminal Penalties

GLBA Subchapter II - Fraudulent Access to Financial Information (Sections 6821-6827). SECTION 6821 PROHIBITION ON OBTAINING CUSTOMER INFORMATION BY FALSE PRETENSES (PRETEXTING): it shall be a violation of this subchapter for any person to obtain or attempt to obtain + or cause to be disclosed or attempt to cause to be disclosed + to any person + customer information of a financial institution relating to another person + by (1) making a FALSE FICTITIOUS OR FRAUDULENT STATEMENT OR REPRESENTATION to an officer + employee + or agent of a financial institution; (2) making a false statement or representation to a CUSTOMER of a financial institution; (3) providing a FORGED COUNTERFEIT LOST OR STOLEN OR FRAUDULENTLY OBTAINED OR FALSE document to an officer of a financial institution. Subsection (b) prohibits SOLICITATION of pretexting violations + and (c) prohibits OBTAINING SERVICES from another person to perform pretexting. SECTION 6822 ADMINISTRATIVE ENFORCEMENT: enforced by FTC + federal banking agencies + NCUA + SEC + state insurance authorities. SECTION 6823 CRIMINAL PENALTIES: knowingly + intentionally violations punishable by FINE under Title 18 + imprisonment NOT MORE THAN 5 YEARS (Sec. 6823(a)); aggravated penalty NOT MORE THAN 10 YEARS for violations committed (1) while violating another US law; (2) as part of a pattern of illegal activity involving more than 100,000 USD in 12-month period (Sec. 6823(b)). SECTION 6824 RELATION TO OTHER LAWS: does not preempt other federal/state law. SECTION 6825 AGENCY GUIDANCE: FTC + banking agencies + NCUA + SEC must issue guidance on pretexting prevention + customer education + employee training. SECTION 6826 REPORTS: FTC submits reports to Congress on pretexting + agency activity. SECTION 6827 DEFINITIONS: customer + customer information + document + financial institution.

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