On December 4, 2018, the Federal Trade Commission published a notice in the Federal Register indicating that it is seeking public comment on whether any amendments should be made to the FTC’s Identity Theft Red Flags Rule and the duties of card issuers regarding changes of address.
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Red Flags Rule
FTC Issues a Guide for Businesses and Organizations on the Red Flags Rule
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Posted in Financial Privacy, Identity Theft
In May 2013, the Federal Trade Commission released a new guide entitled Fighting Identity Theft with the Red Flags Rule: A How-To Guide for Business to help businesses and organizations determine whether they are subject to the FTC’s Red Flags Rule and how to fulfill the Rule’s requirements. The Guide includes information regarding what types of entities must comply with the Red Flags Rule, a set of FAQs and a four-step process to achieve compliance.
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FTC Issues Interim Final Rule Amending Red Flags Rule “Creditor” Definition
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On November 30, 2012, the Federal Trade Commission announced the issuance of an interim final rule that makes the definition of “creditor” in the Red Flags Rule consistent with the definition contained in the Red Flag Program Clarification Act of 2010.
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President Obama Signs Red Flag Program Clarification Act
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On December 18, 2010, President Obama signed the Red Flag Program Clarification Act of 2010 into law. The Act amends the FCRA to limit the scope of the Red Flags Rule with respect to the applicability of identity theft guidelines to creditors.
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Senate Passes Bill to Limit Red Flags Rule Scope
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On November 30, 2010, the Senate passed the “Red Flag Program Clarification Act of 2010,” which would limit the definition of “creditors” under the Red Flags Rule.
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House Bill to Limit Scope of Red Flags Rule with Amended “Creditor” Definition
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On November 17, 2010, Representative John Adler (D-NJ) introduced a bill that would amend the Fair Credit Reporting Act to limit the scope of the FTC’s Identity Theft Red Flags Rule.
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Health Care Providers Potentially Exempt from Red Flags Rule
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The FTC has indicated it intends to temporarily exempt health care providers from the Red Flags Rule, pending the resolution of litigation currently before the D.C. District Court.
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FTC Further Extends Enforcement Deadline for Red Flags Rule
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The FTC announced today that, at the request of several members of Congress, it is again extending the Red Flags Rule enforcement deadline to December 31, 2010.
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FTC Set to Appeal the Red Flags Rule Exemption for Attorneys and Law Firms
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On February 25, 2010, the Federal Trade Commission filed a notice that it is appealing the D.C. District Court’s December 28, 2009 judgment in favor of the American Bar Association in American Bar Association v. FTC. The District Court’s summary judgment held that the FTC’s Identity Theft Red Flags Rule (“Red Flags Rule” or…
FTC Extends Enforcement Deadline for Red Flags Rule (Again)
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The FTC today announced that it would, for the fourth time, delay enforcement of the Identity Theft Red Flags Rule. The enforcement date is now June 1, 2010 for creditors and financial institutions subject to FTC jurisdiction. The agency stated that the delay was requested by members of Congress, who are currently considering a bill…