The U.S. Federal Trade Commission posted this statement on their website near the end of the day on Friday, October 30:
"At the request of Members of Congress, the Federal Trade Commission is delaying enforcement of the âRed Flagsâ Rule until June 1, 2010, for financial institutions and creditors subject to enforcement by the FTC.
The Rule was promulgated under the Fair and Accurate Credit Transactions Act, in which Congress directed the Commission and other agencies to develop regulations requiring âcreditorsâ and âfinancial institutionsâ to address the risk of identity theft. The resulting Red Flags Rule requires all such entities that have âcovered accountsâ to develop and implement written identity theft prevention programs to help identify, detect, and respond to patterns, practices, or specific activities â known as âred flagsâ â that could indicate identity theft.
The Commission previously delayed the enforcement of the Rule for entities under its jurisdiction until November 1, 2009. The Commission staff has continued to provide guidance to entities within its jurisdiction, both through materials posted on the dedicated Red Flags Rule Web site (www.ftc.gov/redflagsrule), and in speeches and participation in seminars, conferences and other training events to numerous groups. The Commission 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. FTC staff 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.
On October 30, 2009, the U.S. District Court for the District of Columbia ruled that the FTC may not apply the Red Flags Rule to attorneys. Todayâs announcement that the Commission will delay enforcement of the Rule until June 1, 2010, does not affect the separate timeline of that proceeding and any possible appeals. Nor does it affect other federal agenciesâ ongoing enforcement for financial institutions and creditors subject to their oversight.
The Federal Trade Commission 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 FTCâs 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 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTCâs Web site provides free information on a variety of consumer topics."
NACM has repeatedly covered the FTC's "Red Flags" Rules in both eNews and in Business Credit magazine. Check back on NACM's blog for any future updates.
Jacob Barron, NACM staff writer