82_FR_42129 82 FR 41959 - TaxSlayer, LLC; Analysis To Aid Public Comment

82 FR 41959 - TaxSlayer, LLC; Analysis To Aid Public Comment

FEDERAL TRADE COMMISSION

Federal Register Volume 82, Issue 170 (September 5, 2017)

Page Range41959-41961
FR Document2017-18706

The consent agreement in this matter settles alleged violations of the Gramm-Leach-Bliley Act Privacy Rule, and of the Gramm-Leach-Bliley Act Safeguards Rule. The attached Analysis To Aid Public Comment describes both the allegations in the complaint and the terms of the consent order--embodied in the consent agreement--that would settle these allegations.

Federal Register, Volume 82 Issue 170 (Tuesday, September 5, 2017)
[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Notices]
[Pages 41959-41961]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18706]


=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

[File No. 162 3063]


TaxSlayer, LLC; Analysis To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

-----------------------------------------------------------------------

SUMMARY: The consent agreement in this matter settles alleged 
violations of the Gramm-Leach-Bliley Act Privacy Rule, and of the 
Gramm-Leach-Bliley Act Safeguards Rule. The attached Analysis To Aid 
Public Comment describes both the allegations in the complaint and the 
terms of the consent order--embodied in the consent agreement--that 
would settle these allegations.

DATES: Comments must be received on or before September 29, 2017.

ADDRESSES: Interested parties may file a comment online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write: ``In the Matter of 
TaxSlayer, LLC, File No. 1623063'' on your comment, and file your 
comment online at https://ftcpublic.commentworks.com/ftc/taxslayerconsent by following the instructions on the web-based form. 
If you prefer to file your comment on paper, write ``In the Matter of 
TaxSlayer, LLC, File No. 1623063'' on your comment and on the envelope, 
and mail your comment to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite 
CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex 
D), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Katherine McCarron (202-326-2333) and 
Jacqueline Connor (202-326-2844), Bureau of Consumer Protection, 600 
Pennsylvania Avenue NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal 
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, 
notice is hereby given that the above-captioned consent agreement 
containing a consent order to cease and desist, having been filed with 
and accepted, subject to final approval, by the Commission, has been 
placed on the public record for a period of thirty (30) days. The 
following Analysis To Aid Public Comment describes the terms of the 
consent agreement, and the allegations in the complaint. An electronic 
copy of the full text of the consent agreement package can be obtained 
from the FTC Home Page (for August 29, 2017), on the World Wide Web, at 
https://www.ftc.gov/news-events/commission-actions.

[[Page 41960]]

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before September 29, 
2017. Write ``In the Matter of TaxSlayer, LLC, File No. 1623063'' on 
your comment. Your comment--including your name and your state--will be 
placed on the public record of this proceeding, including, to the 
extent practicable, on the public Commission Web site, at https://www.ftc.gov/policy/public-comments.
    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/taxslayerconsent by following the instructions on the web-based 
form. If this Notice appears at http://www.regulations.gov/#!home, you 
also may file a comment through that Web site.
    If you prefer to file your comment on paper, write ``In the Matter 
of TaxSlayer, LLC, File No. 1623063'' on your comment and on the 
envelope, and mail your comment to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite 
CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex 
D), Washington, DC. 20024. If possible, submit your paper comment to 
the Commission by courier or overnight service.
    Because your comment will be placed on the publicly accessible FTC 
Web site at https://www.ftc.gov, you are solely responsible for making 
sure that your comment does not include any sensitive or confidential 
information. In particular, your comment should not include any 
sensitive personal information, such as your or anyone else's Social 
Security number; date of birth; driver's license number or other state 
identification number, or foreign country equivalent; passport number; 
financial account number; or credit or debit card number. You are also 
solely responsible for making sure that your comment does not include 
any sensitive health information, such as medical records or other 
individually identifiable health information. In addition, your comment 
should not include any ``trade secret or any commercial or financial 
information which . . . is privileged or confidential''--as provided by 
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 
16 CFR 4.10(a)(2)--including in particular competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    Comments containing material for which confidential treatment is 
requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular, 
the written request for confidential treatment that accompanies the 
comment must include the factual and legal basis for the request, and 
must identify the specific portions of the comment to be withheld from 
the public record. See FTC Rule 4.9(c). Your comment will be kept 
confidential only if the General Counsel grants your request in 
accordance with the law and the public interest. Once your comment has 
been posted on the public FTC Web site--as legally required by FTC Rule 
4.9(b)--we cannot redact or remove your comment from the FTC Web site, 
unless you submit a confidentiality request that meets the requirements 
for such treatment under FTC Rule 4.9(c), and the General Counsel 
grants that request.
    Visit the FTC Web site at http://www.ftc.gov to read this Notice 
and the news release describing it. The FTC Act and other laws that the 
Commission administers permit the collection of public comments to 
consider and use in this proceeding, as appropriate. The Commission 
will consider all timely and responsive public comments that it 
receives on or before September 29, 2017. For information on the 
Commission's privacy policy, including routine uses permitted by the 
Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

Analysis of Agreement Containing Consent Order To Aid Public Comment

    The Federal Trade Commission has accepted, subject to final 
approval, an agreement containing a consent order from TaxSlayer, LLC 
(``TaxSlayer'').
    The proposed consent order has been placed on the public record for 
thirty (30) days for receipt of comments by interested persons. 
Comments received during this period will become part of the public 
record. After thirty (30) days, the Commission again will review the 
agreement and the comments received and will decide whether it should 
withdraw from the agreement or make final the agreement's proposed 
order.
    This matter involves TaxSlayer, a company that advertises, offers 
for sale, sells, and distributes products and services to consumers, 
including TaxSlayer Online, a browser-based tax return preparation and 
electronic filing software and service. TaxSlayer Online assists 
consumers, typically for a fee, in preparing and electronically filing 
federal and state income tax returns. In 2016, more than 950,000 
individuals filed tax returns using TaxSlayer Online.
    TaxSlayer Online users create an account by entering a username and 
password (``login credentials'') on an account creation page. They then 
input a host of personal information in order to create a tax return, 
including but not limited to: Name, Social Security number (``SSN''), 
telephone number, physical address, income, employment status, marital 
status, identity of dependents, financial assets, financial activities, 
receipt of government benefits, home ownership, indebtedness, health 
insurance, retirement information, charitable donations, tax payments, 
tax refunds, bank account numbers, and payment card numbers.
    TaxSlayer Online uses this personal information to prepare tax 
returns on behalf of customers. Once a tax return is prepared, a 
customer can file the return electronically through TaxSlayer Online 
with the Internal Revenue Service (``IRS'') and state departments of 
revenue. If a customer is entitled to a refund, TaxSlayer offers the 
option of directing the refund into a customer's bank account, or 
customers may elect to receive their refunds on a prepaid debit card.
    The complaint alleges that TaxSlayer became subject to a list 
validation attack that began in October 2015. List validation attacks 
occur when attackers use lists of stolen login credentials to attempt 
to access accounts across a number of Web sites, knowing that consumers 
often reuse login credentials. In an unknown number of instances, the 
attackers engaged in tax identity theft by e-filing fraudulent tax 
returns and diverting the fabricated refunds to themselves.
    The Commission's complaint alleges that TaxSlayer failed to comply 
with the Gramm-Leach-Bliley (``GLB'') Act Privacy Rule in two ways. 
First, TaxSlayer failed to provide a clear and conspicuous initial 
privacy notice. TaxSlayer's Privacy Policy was contained towards the 
end of a long License Agreement, and TaxSlayer did not convey the 
importance, nature, and relevance of this Privacy Policy to its 
customers. Second, TaxSlayer failed to deliver the initial privacy 
notice so that each customer could reasonably be expected to receive 
actual notice. For example, TaxSlayer did not require customers to 
acknowledge receipt of the

[[Page 41961]]

initial privacy notice as a necessary step to obtaining a particular 
financial product or service.
    In addition, the complaint alleges that TaxSlayer engaged in a 
number of practices that, taken together, failed to provide reasonable 
and appropriate security for sensitive information from consumers, in 
violation of the GLB Act Safeguards Rule. First, TaxSlayer failed to 
have a written information security program until November 2015. 
Second, TaxSlayer failed to conduct a risk assessment, which would have 
identified reasonably foreseeable risks to the security, 
confidentiality, and integrity of customer information, including risks 
associated with inadequate authentication. Third, TaxSlayer failed to 
implement information safeguards to control the risks to customer 
information from inadequate authentication.
    The proposed order contains provisions designed to prevent 
TaxSlayer from engaging in practices similar to those alleged in the 
complaint. Part I prohibits TaxSlayer from violating any provision of 
the GLB Act Privacy Rule and Safeguards Rule. Part II of the proposed 
order requires TaxSlayer to obtain, within the first one hundred eighty 
(180) days after service of the order and on a biennial basis 
thereafter for a period of ten (10) years, an assessment and report 
from a qualified, objective, independent third-party professional, 
certifying, among other things, that: (1) It has in place a security 
program that provides protections that meet or exceed the protections 
required by Part I.B of the order, and (2) its security program is 
operating with sufficient effectiveness to provide reasonable assurance 
that the security, confidentiality, and integrity of sensitive consumer 
information has been protected.
    Parts III through VII of the proposed order are reporting and 
compliance provisions. Part III requires dissemination of the order now 
and in the future to all current and future principals, offers, 
directors, and LLC managers and directors, and to persons with 
managerial or supervisory responsibilities relating to Parts I through 
IV of the order. Part IV ensures notification to the FTC of changes in 
corporate status and mandates that TaxSlayer submit an initial 
compliance report to the FTC. Part V requires TaxSlayer to retain 
documents relating to its compliance with the order for a five-year 
period. Part VI mandates that TaxSlayer make available to the FTC 
information or subsequent compliance reports, as requested. Part VII is 
a provision ``sunsetting'' the order after twenty (20) years, with 
certain exceptions.
    The purpose of this analysis is to facilitate public comment on the 
proposed order. It is not intended to constitute an official 
interpretation of the proposed complaint or order, or to modify in any 
way the proposed order's terms.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2017-18706 Filed 9-1-17; 8:45 am]
 BILLING CODE 6750-01-P



                                                                              Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Notices                                          41959

                                                  address the responsibilities and liabilities of             4. The provision of the joint account             ACTION:   Proposed consent agreement.
                                                  the participants, agent, and operator in cases           should not create undue credit, settlement, or
                                                  of operational disruption, or erroneous or               other risks to the Reserve Banks.                    SUMMARY:    The consent agreement in this
                                                  fraudulent conduct.                                         Æ The agent and the joint account holders         matter settles alleged violations of the
                                                     Æ Requests for joint accounts involving a             should demonstrate an ongoing ability to
                                                  financially unsound operator would not be                meet all obligations under the joint account
                                                                                                                                                                Gramm-Leach-Bliley Act Privacy Rule,
                                                  approved. Evaluation may include, among                  agreement with the account-holding Reserve           and of the Gramm-Leach-Bliley Act
                                                  other things, reviewing financial statements             Bank.                                                Safeguards Rule. The attached Analysis
                                                  of the operator, as well as cash flow                       Æ The manner in which the joint account           To Aid Public Comment describes both
                                                  projections (including capital and operating             will be used in support of the private-sector        the allegations in the complaint and the
                                                  expenses).                                               arrangement and any anticipated use of               terms of the consent order—embodied
                                                     Æ Evaluation under this principle will take           Reserve Bank services should be identified.          in the consent agreement—that would
                                                  into account the applicable supervisory                     Æ Reserve Banks will not extend overnight
                                                                                                                                                                settle these allegations.
                                                  framework for the private-sector                         or intraday credit to a joint account. The
                                                  arrangement.22 The payment system                        private-sector arrangement should structure          DATES: Comments must be received on
                                                  established by a private-sector arrangement              its use of the joint account and Reserve Bank        or before September 29, 2017.
                                                  (including the operator) should be subject to            services in a manner that seeks to avoid
                                                  federal or state supervision and should also             intraday overdrafts. The agent also should           ADDRESSES: Interested parties may file a
                                                  be subject to the jurisdiction of a federal              demonstrate ways to monitor the joint                comment online or on paper, by
                                                  banking agency with the authority to                     account on an ongoing basis to avoid                 following the instructions in the
                                                  examine or inspect the private-sector                    overdrafts and to promptly cover any                 Request for Comment part of the
                                                  arrangement and take supervisory actions                 inadvertent overdrafts.                              SUPPLEMENTARY INFORMATION section
                                                  against the arrangement or its participants.23              Æ Further, the agent should demonstrate           below. Write: ‘‘In the Matter of
                                                  This means for a payment system established              the ability to appropriately monitor
                                                                                                                                                                TaxSlayer, LLC, File No. 1623063’’ on
                                                  by a private-sector arrangement and                      transactions into and out of the joint account.
                                                  supervised by a state regulatory body, a                    5. The provision of a joint account should        your comment, and file your comment
                                                  federal banking agency need not be engaging              not create undue risk to the overall payment         online at https://
                                                  in active supervision or examination, but                system.                                              ftcpublic.commentworks.com/ftc/
                                                  should have the authority to do so when the                 Æ The private-sector arrangement should           taxslayerconsent by following the
                                                  risk, scope, and operations call for such                not cause undue credit, settlement, or other         instructions on the web-based form. If
                                                  supervision or examination. For example,                 risks to the efficient operation of other            you prefer to file your comment on
                                                  under the Bank Service Company Act, federal              payment systems or the payment system as             paper, write ‘‘In the Matter of TaxSlayer,
                                                  banking agencies have the authority to                   a whole.
                                                  examine third-party service providers that                  Æ The operational and financial interaction       LLC, File No. 1623063’’ on your
                                                  perform services for depository institutions             with and use of other payment systems                comment and on the envelope, and mail
                                                  that the depository institution could                    should be identified.                                your comment to the following address:
                                                  otherwise do itself.                                        Æ The extent to which the use of the joint        Federal Trade Commission, Office of the
                                                     Æ An evaluation under this principle                  account may restrict a portion of funds from         Secretary, 600 Pennsylvania Avenue
                                                  would assess whether the system is widely                being available to support liquidity needs of        NW., Suite CC–5610 (Annex D),
                                                  available for use by its intended end users,             depository institutions for other payment and        Washington, DC 20580, or deliver your
                                                  is designed to minimize the risk of disruption           settlement activity will also be considered.
                                                  (rejection or delay of payments) to end users,              6. The provision of a joint account should
                                                                                                                                                                comment to the following address:
                                                  and promotes transparency for end users and              not adversely affect monetary policy                 Federal Trade Commission, Office of the
                                                  the public more broadly (for example, by                 operations.                                          Secretary, Constitution Center, 400 7th
                                                  making its operating rules, rulemaking                      Æ Evaluation of the potential monetary            Street SW., 5th Floor, Suite 5610
                                                  processes, list of participants, or certain              policy implications of the use of a joint            (Annex D), Washington, DC 20024.
                                                  network statistics publicly available).                  account will include whether the balance in
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                  Evaluation under this guideline would also               the joint account would be treated as reserves
                                                  assess whether the system creates                        (that is, treated as available to satisfy any        Katherine McCarron (202–326–2333)
                                                  inefficiencies in payment processes or                   joint account holder’s reserve balance               and Jacqueline Connor (202–326–2844),
                                                  barriers to interoperability within the U.S.             requirements or as excess reserves), the             Bureau of Consumer Protection, 600
                                                  dollar payment system. Also of relevance is              expected predictability and volatility of the        Pennsylvania Avenue NW., Washington,
                                                  whether the private-sector arrangement                   end-of-day joint account balances, and the           DC 20580.
                                                  promotes payment system improvements and                 potential for the account agreement with the
                                                  innovations and the extent to which the                  account-holding Reserve Bank to impose               SUPPLEMENTARY INFORMATION: Pursuant
                                                  arrangement fosters competition in the                   limitations on account volatility without            to Section 6(f) of the Federal Trade
                                                  payment system (for example between                      affecting the intended function of the               Commission Act, 15 U.S.C. 46(f), and
                                                  providers of payment services).                          arrangement. This evaluation will occur              FTC Rule 2.34, 16 CFR 2.34, notice is
                                                     Æ Finally, the design and rules of the                regardless of the current monetary policy            hereby given that the above-captioned
                                                  private-sector arrangement, including rules              implementation framework in place.                   consent agreement containing a consent
                                                  relating to the funding of and disbursements
                                                                                                             By order of the Board of Governors of the          order to cease and desist, having been
                                                  from the joint account, should be consistent
                                                                                                           Federal Reserve System, August 9, 2017.              filed with and accepted, subject to final
                                                  with the intended use of the account, such
                                                  that a participant can only use the balances             Ann E. Misback,                                      approval, by the Commission, has been
                                                  for the intended purpose of settling payments            Secretary of the Board.                              placed on the public record for a period
                                                  in the associated system.                                [FR Doc. 2017–18705 Filed 9–1–17; 8:45 am]           of thirty (30) days. The following
                                                                                                           BILLING CODE P                                       Analysis To Aid Public Comment
                                                    22 Nothing  in the Board’s guidelines should be                                                             describes the terms of the consent
                                                  interpreted to relieve any participant in the private-                                                        agreement, and the allegations in the
mstockstill on DSK30JT082PROD with NOTICES




                                                  sector arrangement from compliance with
                                                  obligations imposed by an institution’s supervisor,      FEDERAL TRADE COMMISSION                             complaint. An electronic copy of the
                                                  including for example related to financial resources,                                                         full text of the consent agreement
                                                  liquidity, participant default management, and           [File No. 162 3063]                                  package can be obtained from the FTC
                                                  other aspects of risk management.                                                                             Home Page (for August 29, 2017), on the
                                                     23 A federal banking agency would include the         TaxSlayer, LLC; Analysis To Aid Public
                                                                                                                                                                World Wide Web, at https://
                                                  Board; the Federal Deposit Insurance Corporation         Comment
                                                  (FDIC); and the Office of the Comptroller of the                                                              www.ftc.gov/news-events/commission-
                                                  Currency (OCC).                                          AGENCY:   Federal Trade Commission.                  actions.


                                             VerDate Sep<11>2014   17:43 Sep 01, 2017   Jkt 241001   PO 00000   Frm 00051   Fmt 4703   Sfmt 4703   E:\FR\FM\05SEN1.SGM   05SEN1


                                                  41960                      Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Notices

                                                     You can file a comment online or on                  FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—               return preparation and electronic filing
                                                  paper. For the Commission to consider                   including in particular competitively                 software and service. TaxSlayer Online
                                                  your comment, we must receive it on or                  sensitive information such as costs,                  assists consumers, typically for a fee, in
                                                  before September 29, 2017. Write ‘‘In                   sales statistics, inventories, formulas,              preparing and electronically filing
                                                  the Matter of TaxSlayer, LLC, File No.                  patterns, devices, manufacturing                      federal and state income tax returns. In
                                                  1623063’’ on your comment. Your                         processes, or customer names.                         2016, more than 950,000 individuals
                                                  comment—including your name and                            Comments containing material for                   filed tax returns using TaxSlayer
                                                  your state—will be placed on the public                 which confidential treatment is                       Online.
                                                  record of this proceeding, including, to                requested must be filed in paper form,                   TaxSlayer Online users create an
                                                  the extent practicable, on the public                   must be clearly labeled ‘‘Confidential,’’             account by entering a username and
                                                  Commission Web site, at https://                        and must comply with FTC Rule 4.9(c).                 password (‘‘login credentials’’) on an
                                                  www.ftc.gov/policy/public-comments.                     In particular, the written request for                account creation page. They then input
                                                     Postal mail addressed to the                         confidential treatment that accompanies               a host of personal information in order
                                                  Commission is subject to delay due to                   the comment must include the factual                  to create a tax return, including but not
                                                  heightened security screening. As a                     and legal basis for the request, and must             limited to: Name, Social Security
                                                  result, we encourage you to submit your                 identify the specific portions of the                 number (‘‘SSN’’), telephone number,
                                                  comments online. To make sure that the                  comment to be withheld from the public                physical address, income, employment
                                                  Commission considers your online                        record. See FTC Rule 4.9(c). Your                     status, marital status, identity of
                                                  comment, you must file it at https://                   comment will be kept confidential only                dependents, financial assets, financial
                                                  ftcpublic.commentworks.com/ftc/                         if the General Counsel grants your                    activities, receipt of government
                                                  taxslayerconsent by following the                       request in accordance with the law and                benefits, home ownership,
                                                  instructions on the web-based form. If                  the public interest. Once your comment                indebtedness, health insurance,
                                                  this Notice appears at http://                          has been posted on the public FTC Web                 retirement information, charitable
                                                  www.regulations.gov/#!home, you also                    site—as legally required by FTC Rule                  donations, tax payments, tax refunds,
                                                  may file a comment through that Web                     4.9(b)—we cannot redact or remove                     bank account numbers, and payment
                                                  site.                                                   your comment from the FTC Web site,                   card numbers.
                                                     If you prefer to file your comment on                unless you submit a confidentiality                      TaxSlayer Online uses this personal
                                                  paper, write ‘‘In the Matter of TaxSlayer,              request that meets the requirements for               information to prepare tax returns on
                                                  LLC, File No. 1623063’’ on your                         such treatment under FTC Rule 4.9(c),                 behalf of customers. Once a tax return
                                                  comment and on the envelope, and mail                   and the General Counsel grants that                   is prepared, a customer can file the
                                                  your comment to the following address:                  request.                                              return electronically through TaxSlayer
                                                  Federal Trade Commission, Office of the                    Visit the FTC Web site at http://                  Online with the Internal Revenue
                                                  Secretary, 600 Pennsylvania Avenue                      www.ftc.gov to read this Notice and the               Service (‘‘IRS’’) and state departments of
                                                  NW., Suite CC–5610 (Annex D),                           news release describing it. The FTC Act               revenue. If a customer is entitled to a
                                                  Washington, DC 20580, or deliver your                   and other laws that the Commission                    refund, TaxSlayer offers the option of
                                                  comment to the following address:                       administers permit the collection of                  directing the refund into a customer’s
                                                  Federal Trade Commission, Office of the                 public comments to consider and use in                bank account, or customers may elect to
                                                  Secretary, Constitution Center, 400 7th                 this proceeding, as appropriate. The                  receive their refunds on a prepaid debit
                                                  Street SW., 5th Floor, Suite 5610                       Commission will consider all timely                   card.
                                                  (Annex D), Washington, DC. 20024. If                    and responsive public comments that it                   The complaint alleges that TaxSlayer
                                                  possible, submit your paper comment to                  receives on or before September 29,                   became subject to a list validation attack
                                                  the Commission by courier or overnight                  2017. For information on the                          that began in October 2015. List
                                                  service.                                                Commission’s privacy policy, including                validation attacks occur when attackers
                                                     Because your comment will be placed                  routine uses permitted by the Privacy                 use lists of stolen login credentials to
                                                  on the publicly accessible FTC Web site                 Act, see https://www.ftc.gov/site-                    attempt to access accounts across a
                                                  at https://www.ftc.gov, you are solely                  information/privacy-policy.                           number of Web sites, knowing that
                                                  responsible for making sure that your                                                                         consumers often reuse login credentials.
                                                  comment does not include any sensitive                  Analysis of Agreement Containing                      In an unknown number of instances, the
                                                  or confidential information. In                         Consent Order To Aid Public Comment                   attackers engaged in tax identity theft by
                                                  particular, your comment should not                        The Federal Trade Commission has                   e-filing fraudulent tax returns and
                                                  include any sensitive personal                          accepted, subject to final approval, an               diverting the fabricated refunds to
                                                  information, such as your or anyone                     agreement containing a consent order                  themselves.
                                                  else’s Social Security number; date of                  from TaxSlayer, LLC (‘‘TaxSlayer’’).                     The Commission’s complaint alleges
                                                  birth; driver’s license number or other                    The proposed consent order has been                that TaxSlayer failed to comply with the
                                                  state identification number, or foreign                 placed on the public record for thirty                Gramm-Leach-Bliley (‘‘GLB’’) Act
                                                  country equivalent; passport number;                    (30) days for receipt of comments by                  Privacy Rule in two ways. First,
                                                  financial account number; or credit or                  interested persons. Comments received                 TaxSlayer failed to provide a clear and
                                                  debit card number. You are also solely                  during this period will become part of                conspicuous initial privacy notice.
                                                  responsible for making sure that your                   the public record. After thirty (30) days,            TaxSlayer’s Privacy Policy was
                                                  comment does not include any sensitive                  the Commission again will review the                  contained towards the end of a long
                                                  health information, such as medical                     agreement and the comments received                   License Agreement, and TaxSlayer did
                                                  records or other individually                           and will decide whether it should                     not convey the importance, nature, and
mstockstill on DSK30JT082PROD with NOTICES




                                                  identifiable health information. In                     withdraw from the agreement or make                   relevance of this Privacy Policy to its
                                                  addition, your comment should not                       final the agreement’s proposed order.                 customers. Second, TaxSlayer failed to
                                                  include any ‘‘trade secret or any                          This matter involves TaxSlayer, a                  deliver the initial privacy notice so that
                                                  commercial or financial information                     company that advertises, offers for sale,             each customer could reasonably be
                                                  which . . . is privileged or                            sells, and distributes products and                   expected to receive actual notice. For
                                                  confidential’’—as provided by Section                   services to consumers, including                      example, TaxSlayer did not require
                                                  6(f) of the FTC Act, 15 U.S.C. 46(f), and               TaxSlayer Online, a browser-based tax                 customers to acknowledge receipt of the


                                             VerDate Sep<11>2014   17:43 Sep 01, 2017   Jkt 241001   PO 00000   Frm 00052   Fmt 4703   Sfmt 4703   E:\FR\FM\05SEN1.SGM   05SEN1


                                                                             Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Notices                                         41961

                                                  initial privacy notice as a necessary step              twenty (20) years, with certain                       Now’’ that corresponds with
                                                  to obtaining a particular financial                     exceptions.                                           ‘‘Information Collection 9000–0089,
                                                  product or service.                                       The purpose of this analysis is to                  Request for Authorization of Additional
                                                     In addition, the complaint alleges that              facilitate public comment on the                      Classification and Rate, SF 1444.’’
                                                  TaxSlayer engaged in a number of                        proposed order. It is not intended to                 Follow the instructions provided on the
                                                  practices that, taken together, failed to               constitute an official interpretation of              screen. Please include your name,
                                                  provide reasonable and appropriate                      the proposed complaint or order, or to                company name (if any), and
                                                  security for sensitive information from                 modify in any way the proposed order’s                ‘‘Information Collection 9000–0089,
                                                  consumers, in violation of the GLB Act                  terms.                                                Request for Authorization of Additional
                                                  Safeguards Rule. First, TaxSlayer failed                  By direction of the Commission.                     Classification and Rate, SF 1444’’ on
                                                  to have a written information security                                                                        your attached document.
                                                                                                          Donald S. Clark,
                                                  program until November 2015. Second,
                                                                                                          Secretary.
                                                                                                                                                                   • Mail: General Services
                                                  TaxSlayer failed to conduct a risk                                                                            Administration, Regulatory Secretariat
                                                  assessment, which would have                            [FR Doc. 2017–18706 Filed 9–1–17; 8:45 am]
                                                                                                                                                                Division (MVCB), 1800 F Street NW.,
                                                  identified reasonably foreseeable risks                 BILLING CODE 6750–01–P
                                                                                                                                                                Washington, DC 20405. ATTN: Ms.
                                                  to the security, confidentiality, and                                                                         Sosa/IC 9000–0089.
                                                  integrity of customer information,                                                                               Instructions: Please submit comments
                                                  including risks associated with                         DEPARTMENT OF DEFENSE                                 only and cite Information Collection
                                                  inadequate authentication. Third,                                                                             9000–0089, in all correspondence
                                                  TaxSlayer failed to implement                           GENERAL SERVICES
                                                                                                                                                                related to this collection. Comments
                                                  information safeguards to control the                   ADMINISTRATION
                                                                                                                                                                received generally will be posted
                                                  risks to customer information from                                                                            without change to http://
                                                  inadequate authentication.                              NATIONAL AERONAUTICS AND
                                                                                                                                                                www.regulations.gov, including any
                                                     The proposed order contains                          SPACE ADMINISTRATION
                                                                                                                                                                personal and/or business confidential
                                                  provisions designed to prevent                          [OMB Control No. 9000–0089: Docket No.                information provided. To confirm
                                                  TaxSlayer from engaging in practices                    2017–0053; Sequence 3]                                receipt of your comment(s), please
                                                  similar to those alleged in the                                                                               check www.regulations.gov,
                                                  complaint. Part I prohibits TaxSlayer                   Submission for OMB Review; Request                    approximately two to three days after
                                                  from violating any provision of the GLB                 for Authorization of Additional                       submission to verify posting (except
                                                  Act Privacy Rule and Safeguards Rule.                   Classification and Rate, Standard Form                allow 30 days for posting of comments
                                                  Part II of the proposed order requires                  1444                                                  submitted by mail).
                                                  TaxSlayer to obtain, within the first one
                                                                                                          AGENCY: Department of Defense (DOD),                  FOR FURTHER INFORMATION CONTACT: Ms.
                                                  hundred eighty (180) days after service
                                                  of the order and on a biennial basis                    General Services Administration (GSA),                Zenaida Delgado, Procurement Analyst,
                                                  thereafter for a period of ten (10) years,              and National Aeronautics and Space                    Federal Acquisition Policy Division,
                                                  an assessment and report from a                         Administration (NASA).                                GSA, 202–969–7207 or email
                                                  qualified, objective, independent third-                ACTION: Notice.                                       zenaida.delgado@gsa.gov.
                                                  party professional, certifying, among                                                                         SUPPLEMENTARY INFORMATION:
                                                                                                          SUMMARY:    Under the provisions of the
                                                  other things, that: (1) It has in place a               Paperwork Reduction Act of 1995, the                  A. Purpose
                                                  security program that provides                          Regulatory Secretariat Division will be
                                                  protections that meet or exceed the                                                                              Federal Acquisition Regulation (FAR)
                                                                                                          submitting to the Office of Management                22.406 prescribes labor standards for
                                                  protections required by Part I.B of the                 and Budget (OMB) a request to review
                                                  order, and (2) its security program is                                                                        federally financed and assisted
                                                                                                          and approve an extension of a                         construction contracts subject to the
                                                  operating with sufficient effectiveness to              previously approved information
                                                  provide reasonable assurance that the                                                                         Davis-Bacon and Related Acts (DBRA),
                                                                                                          collection requirement concerning                     as well as labor standards for non-
                                                  security, confidentiality, and integrity of             Request for Authorization of Additional
                                                  sensitive consumer information has                                                                            construction contracts subject to the
                                                                                                          Classification and Rate, Standard Form                Contract Work Hours and Safety
                                                  been protected.                                         (SF) 1444. A notice was published in
                                                     Parts III through VII of the proposed                                                                      Standards Act (CWHSSA).
                                                                                                          the Federal Register at 82 FR 20340 on                   The recordkeeping requirements in
                                                  order are reporting and compliance
                                                                                                          May 1, 2017. No comments were                         this regulation, FAR 22.406, reflect the
                                                  provisions. Part III requires
                                                  dissemination of the order now and in                   received.                                             requirements cleared under OMB
                                                  the future to all current and future                    DATES: Submit comments on or before                   control numbers 1235–0023, 1235–0008,
                                                  principals, offers, directors, and LLC                  October 5, 2017.                                      and 1235–0018 for 29 CFR 5.5(a)(1)(i),
                                                  managers and directors, and to persons                  ADDRESSES: Submit comments regarding                  5.5(c), and 5.15 (records to be kept by
                                                  with managerial or supervisory                          this burden estimate or any other aspect              employers under the Fair Labor
                                                  responsibilities relating to Parts I                    of this collection of information,                    Standards Act (FLSA)). The regulation
                                                  through IV of the order. Part IV ensures                including suggestions for reducing this               at 29 CFR 516 reflects the basic
                                                  notification to the FTC of changes in                   burden to: Office of Information and                  recordkeeping and reporting
                                                  corporate status and mandates that                      Regulatory Affairs of OMB, Attention:                 requirements for the laws administered
                                                  TaxSlayer submit an initial compliance                  Desk Officer for GSA, Room 10236,                     by the Department of Labor Wage and
                                                  report to the FTC. Part V requires                      NEOB, Washington, DC 20503.                           Hour Division.
mstockstill on DSK30JT082PROD with NOTICES




                                                  TaxSlayer to retain documents relating                  Additionally submit a copy to GSA by                     FAR 22.406–3, implements the
                                                  to its compliance with the order for a                  any of the following methods:                         recordkeeping and information
                                                  five-year period. Part VI mandates that                   • Regulations.gov: http://                          collection requirements prescribed in 29
                                                  TaxSlayer make available to the FTC                     www.regulations.gov. Submit comments                  CFR 5.5(a)(1)(ii) cleared under OMB
                                                  information or subsequent compliance                    via the Federal eRulemaking portal by                 control number 1235–0023 (also
                                                  reports, as requested. Part VII is a                    searching the OMB control number                      prescribed at 48 CFR 22.406 under OMB
                                                  provision ‘‘sunsetting’’ the order after                9000–0089. Select the link ‘‘Comment                  control number 9000–0089), by


                                             VerDate Sep<11>2014   17:43 Sep 01, 2017   Jkt 241001   PO 00000   Frm 00053   Fmt 4703   Sfmt 4703   E:\FR\FM\05SEN1.SGM   05SEN1



Document Created: 2017-09-02 03:25:03
Document Modified: 2017-09-02 03:25:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionProposed consent agreement.
DatesComments must be received on or before September 29, 2017.
ContactKatherine McCarron (202-326-2333) and Jacqueline Connor (202-326-2844), Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., Washington, DC 20580.
FR Citation82 FR 41959 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR