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Red Flags Rule: a written identity theft program for dealers

The Red Flags Rule (16 CFR Part 681) requires creditors with covered accounts to keep a written Identity Theft Prevention Program that spots the warning signs of identity theft and says what staff do about them. Most dealers who arrange financing treat themselves as covered.

For car dealers who arrange financing or carry their own contracts: most dealers who arrange financing treat themselves as covered by the Red Flags Rule. Make your written Identity Theft Prevention Program here.

Who approves the program?
Do you keep and service any of your own contracts (buy here pay here)?

Rules checked . Templates and tools, not legal advice.

At a glance

Who it's for
Dealers who arrange financing and buy-here-pay-here dealers who hold their own accounts.
What you need
A written program, approved by the owner or board
Small business exemption
None, though a simpler program can fit a low-risk store
Rule
16 CFR 681.1
On this page

Does the Red Flags Rule apply to car dealers?

The rule covers "creditors" with "covered accounts". It uses the definition in the Fair Credit Reporting Act (15 U.S.C. 1681m(e)(4)): a creditor under the Equal Credit Opportunity Act that regularly obtains or uses credit reports in connection with credit, furnishes information to credit bureaus, or advances funds to be repaid. Regulation B calls a business a creditor if it "regularly participates in a credit decision, including setting the terms of the credit."

The rule lists "automobile loan" as an example of a covered account (681.1(b)(3)), and the FTC's guide says the creditor test is "based on conduct" and asks whether a business "grants or arranges credit."

No FTC page says "auto dealers are covered" in those words. Our reading is that a dealer who pulls credit reports and sets or negotiates contract terms meets the test, and most dealers who arrange financing treat themselves as covered. Buy-here-pay-here dealers who hold their own accounts are plainly creditors.

What the written program must do

Under 16 CFR 681.1(d), the program has reasonable policies and procedures to:

  1. Identify the Red Flags that matter for your accounts.
  2. Detect them when they show up.
  3. Respond to them, to prevent and reduce identity theft.
  4. Update the program from time to time as risks change.

It must fit "the size and complexity" of your business. Before writing it, check whether you offer covered accounts (681.1(c)).

Red Flags a dealership sees

Kind of Red FlagAt the desk, it looks like
Alerts from a credit bureauA fraud alert, a credit freeze, or a notice that the address doesn't match
Suspicious documentsA license that looks altered, or a photo that doesn't match the buyer
Suspicious personal informationA Social Security number that doesn't fit the credit file, or an address that is a mail drop
Unusual account activityPayments stop right after delivery, or mail comes back on a new account
Notice from a victim or the policeA call saying someone bought a car in their name

These are the categories in Supplement A to Appendix A of 16 CFR Part 681. Your program picks the flags that fit your store.

Running the program

Under 681.1(e):

  • The board, a board committee, or a senior manager if there is no board approves the first written program.
  • The board or senior management stays involved in overseeing it.
  • Staff are trained "as necessary".
  • Service providers that handle your accounts are overseen.

The guidelines in Appendix A say staff "should report ... at least annually" on how the program is working. That is guidance, which the rule asks you to consider.

If you pull credit, a separate rule (16 CFR Part 641) covers address discrepancy notices from the credit bureaus: have a way to confirm the report is about your buyer, such as checking their ID.

Rules checked and limits

Rules checked October 31, 2026. We read every rule on this page in the eCFR or on the agency's own site, and each is linked in the sources below. We re-check them every quarter.

Templates and tools, not legal advice. CarShots is software, not a law firm. For a question about your own dealership, ask your attorney or your state dealer association.

Common questions

What is the Red Flags Rule?

An FTC rule (16 CFR Part 681) that requires creditors with covered accounts to keep a written program to detect and respond to the warning signs of identity theft.

Does the Red Flags Rule apply to car dealers?

It applies to creditors with covered accounts, and car loans are a listed example. Most dealers who arrange financing treat themselves as covered. Cash-only dealers that never arrange credit are less likely to be covered.

Who has to approve the program?

The board of directors or a board committee. A dealership without a board has a designated senior manager approve it (681.1(b)(2) and (e)).

Is there a small business exemption?

No number exempts you. The FTC says a streamlined program may suit a low-risk business, but "even a business at low risk needs a written program."

How is this different from the Safeguards Rule?

The Safeguards Rule protects the customer data you hold. The Red Flags Rule is about spotting someone using a stolen identity to buy a car. Most financing dealers need both.

Sign your Red Flags program and check every buyer

Answer about ten minutes of questions. Get your score, your gap list and a watermarked draft of your security plan, free with no card. Essentials is $99 per store a month when you're ready.