About Us | Contact Us
View Cart

FTC Extends Enforcement Deadline

By Vigilize | Monday, June 7, 2010 - Leave a Comment

At the request of several Members of Congress, the Federal Trade Commission is further delaying enforcement of the “Red Flags” Rule through December 31, 2010, while Congress considers legislation that would affect the scope of entities covered by the Rule. Today’s announcement and the release of an Enforcement Policy Statement do not affect other federal agencies’ enforcement of the original November 1, 2008 deadline for institutions subject to their oversight to be in compliance.

“Congress needs to fix the unintended consequences of the legislation establishing the Red Flags Rule – and to fix this problem quickly. We appreciate the efforts of Congressmen Barney Frank and John Adler for getting a clarifying measure passed in the House, and hope action in the Senate will be swift,” FTC Chairman Jon Leibowitz said. “As an agency we’re charged with enforcing the law, and endless extensions delay enforcement.”

The Rule was developed under the Fair and Accurate Credit Transactions Act, in which Congress directed the FTC and other agencies to develop regulations requiring “creditors” and “financial institutions” to address the risk of identity theft. The resulting Red Flags Rule requires all such entities that have “covered accounts” to develop and implement written identity theft prevention programs to help identify, detect, and respond to patterns, practices, or specific activities – known as “red flags” – that could indicate identity theft.

The Rule became effective on January 1, 2008, with full compliance for all covered entities originally required by November 1, 2008. The Commission has issued several Enforcement Policies delaying enforcement of the Rule. Most recently, the Commission announced in October 2009 that at the request of certain Members of Congress, it was delaying enforcement of the Rule until June 1, 2010, to allow Congress time to finalize legislation that would limit the scope of business covered by the Rule. Since then, the Commission has received another request from Members of Congress for another delay in enforcement of the Rule beyond June 1, 2010.

The Commission urges Congress to act quickly to pass legislation that will resolve any questions as to which entities are covered by the Rule and obviate the need for further enforcement delays. If Congress passes legislation limiting the scope of the Red Flags Rule with an effective date earlier than December 31, 2010, the Commission will begin enforcement as of that effective date.

In the interim, FTC staff has continued to provide guidance, both through materials posted on www.ftc.gov/redflagsrule, and in speeches and participation in seminars, conferences and other training events to numerous groups. The FTC also published a compliance guide for business, and created a template that enables low risk entities to create an identity theft program with an easy-to-use online form ( www.ftc.gov/bcp/edu/microsites/redflagsrule/get-started.shtm). The FTC staff also has published numerous general and industry-specific articles, released a video explaining the Rule, and continues to respond to inquiries from the public. To assist further with compliance, FTC staff has worked with a number of trade associations that have chosen to develop model policies or specialized guidance for their members.

As was the case previously, this enforcement delay is limited to the Red Flags Rule and does not extend to the rule regarding address discrepancies applicable to users of consumer reports (16 C.F.R.§641), or to the rule regarding changes of address applicable to card issuers (16 C.F.R.§681.2).

For questions regarding this Enforcement Policy, please contact Naomi Lefkovitz or Pavneet Singh, Bureau of Consumer Protection, 202-326-2252.


The original press release was posted bye the Federal Trade Commission (FTC). The FTC works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,800 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

Original Press Release: FTC Extends Enforcement Deadline for Identity Theft Red Flags Rule


same_strip_012513


Posted in Article Reviews

Latest News
    Thanks for being interested in our Technology Planning Webinars! This year‘s annual update to our annual Technology Planning webinar will include a panel discussion, a review of the previous years’ movies that are already available, and a discussion about alternative tactics that have arisen from recent conferences as well as the impact of the AIO […]
    Welcome Cybersecurity Conference Attendees! Thanks for joining us for the Cybersecurity Conference today! We have created this page for you to have access to the deliverables from Dan’s talk.  
    What you need to know for compliance coast-to-coast. Back in 2020 we posted an article containing links to data breach laws from each state, and it has proven to be one of our more popular posts.  Because laws surrounding the use (and abuse) of technology are always evolving, we thought it was worth taking another […]
    Why It Rhymes With SEEM (And its Not the I Before E Rule) Another one of those Dan’s New Leaf Posts, meant to inspire thought about IT Governance . . . . It’s the Gestalt. The idea that the whole is greater than the sum of it’s parts. That’s not something that is often brought […]
    Another awareness poster for YOUR customers (and users).  Now that we have our own employees aware, maybe it’s time to start posting content for our customers! Download the large versions here: Awareness Poster (Portrait) Awareness Poster (Landscape)   You are welcome to print out and distribute this around your office. Interested in one of ours […]
    Questions about China’s new disclosure laws only highlight the uncertainty about disclosure in general… An article review. China recently made waves in the security world by announcing a new set of data security laws, one of which has added new fuel to a long running debate: how and when should security vulnerabilities be disclosed…and to […]
    Four Conditions … …For Why a Network Can be Anything But a Network! Another one of those Dan’s New Leaf Posts, meant to inspire thought about IT Governance . . . . I have to admit that infotex is being called into engineering meetings with larger organizations these days that are NOT community based banks.  We […]
    Another awareness poster for YOUR customers (and users).  Now that we have our own employees aware, maybe it’s time to start posting content for our customers! Download the large versions here: Awareness Poster (Portrait) Awareness Poster (Landscape)   You are welcome to print out and distribute this around your office. Interested in one of ours […]
    If Zero days need Zero clicks, are there any secure devices in the mix? Tanvee Dhir explores the Pegasus spyware. Another technical post, meant to inspire thought about IT Governance . . . . Introduction Over the past couple of weeks, we have seen multiple stories regarding a powerful piece of spyware called Pegasus sold […]