83_FR_63841 83 FR 63604 - Identity Theft Rules

83 FR 63604 - Identity Theft Rules

FEDERAL TRADE COMMISSION

Federal Register Volume 83, Issue 237 (December 11, 2018)

Page Range63604-63606
FR Document2018-26609

The Federal Trade Commission (``FTC'' or ``Commission'') requests public comment on its Identity Theft Rules. The Commission is soliciting comment as part of the FTC's systematic review of all current Commission regulations and guides.

Federal Register, Volume 83 Issue 237 (Tuesday, December 11, 2018)
[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Proposed Rules]
[Pages 63604-63606]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26609]


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FEDERAL TRADE COMMISSION

16 CFR Part 681

RIN 3084-AB50


Identity Theft Rules

AGENCY: Federal Trade Commission.

ACTION: Request for public comment.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') 
requests public comment on its Identity Theft Rules. The Commission is 
soliciting comment as part of the FTC's systematic review of all 
current Commission regulations and guides.

DATES: Comments must be received on or before February 11, 2019.

ADDRESSES: Interested parties may file a comment online or on paper by:
     Online: Write ``Identity Theft Rules, 16 CFR part 681, 
Project No. 188402'' on

[[Page 63605]]

your comment and file your comment at https://ftcpublic.commentworks.com/ftc/identitytheftrulesreview by following 
the instructions on the web-based form.
     Paper: Write ``Identity Theft Rules, 16 CFR part 681, 
Project No. 188402'' 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 B), 
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 B), Washington, DC 
20024.
    See the Instructions for Submitting Comments part of the 
SUPPLEMENTARY INFORMATION section below for additional information.

FOR FURTHER INFORMATION CONTACT: Stacy Procter, Western Region--Los 
Angeles Office, Bureau of Consumer Protection, Federal Trade 
Commission, 10990 Wilshire Blvd., Suite 400, Los Angeles, CA 90024, 
(310) 824-4300, or Amanda Koulousias, Division of Privacy and Identity 
Protection, Bureau of Consumer Protection, Federal Trade Commission, 
600 Pennsylvania Avenue NW, Washington, DC 20580, (202) 326-3334.

SUPPLEMENTARY INFORMATION:

I. Background

    The Fair and Accurate Credit Transactions Act (``FACTA'') was 
enacted in December 2003.\1\ Section 114 of FACTA amended section 615 
of the Fair Credit Reporting Act (``FCRA'') and required the Commission 
and other federal agencies to establish and maintain guidelines for 
financial institutions and creditors to identify patterns, practices 
and activities that might indicate identity theft.\2\ FACTA also 
required the Commission and other federal agencies to prescribe 
regulations requiring financial institutions and creditors to establish 
reasonable policies and procedures for implementing the established 
guidelines.\3\ In addition, FACTA required the Commission and other 
federal agencies to prescribe regulations requiring debit and credit 
card issuers to validate notifications of changes of address under 
certain situations.\4\
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    \1\ Public Law 108-159, 117 Stat. 1952 (codified as amended at 
15 U.S.C. 1681-1681x).
    \2\ 15 U.S.C. 1681m(e)(1)(A), (e)(2). The other federal agencies 
include the Federal banking agencies, the National Credit Union 
Administration, the Commodity Futures Trading Commission (``CFTC'') 
and the Securities and Exchange Commission (``SEC''). The CFTC and 
SEC obtained regulatory authority in July 2010 pursuant to the Dodd 
Frank Wall Street Reform and Consumer Protection Act. Public Law 
111-203, 124 Stat. 1376-2223.
    \3\ 15 U.S.C. 1681m(e)(1)(B).
    \4\ 15 U.S.C. 1681m(e)(1)(C).
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    In November 2007, the Commission and banking agencies published 
final rules and guidelines implementing the red flags provisions of 
section 615 of the FCRA.\5\ These rules include the duties regarding 
the detection, prevention, and mitigation of identity theft (``Red 
Flags Rule'') \6\ and the duties of card issuers regarding changes of 
address (``Card Issuers Rule'') \7\ (collectively, the ``Identity Theft 
Rules'' or ``Rules''). In December 2010, the President signed the Red 
Flag Program Clarification Act (``Clarification Act''), which narrowed 
the scope of entities covered as a ``creditor'' under the Red Flags 
Rule.\8\ The Clarification Act also empowers the Commission and other 
federal agencies to determine through rulemaking whether any other type 
of creditor should be subject to the Red Flags Rule based on whether 
such creditor offers or maintains accounts with a reasonably 
foreseeable risk of identity theft.\9\
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    \5\ 72 FR 63718.
    \6\ 16 CFR 681.1.
    \7\ 16 CFR 681.2.
    \8\ Public Law 111-319, 124 Stat. 3457 (codified at 15 U.S.C. 
1681m(e)(4)). The Clarification Act retains the definition of 
``creditor'' from section 702 of the Equal Credit Opportunity Act 
(``ECOA''), 15 U.S.C. 1691a, but generally limits application of the 
Red Flags Rule to ECOA creditors that engage in certain conduct 
regularly and in the ordinary course of business.
    \9\ 15 U.S.C. 1681m(e)(4)(C).
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    The Red Flags Rule requires each ``financial institution'' and 
``creditor'' subject to the Commission's enforcement authority to 
periodically determine whether it maintains ``covered accounts,'' and 
to develop and maintain a written Identity Theft Prevention Program 
(``Program'') to detect, prevent and mitigate identity theft in 
connection with the opening or existence of any ``covered account.'' 
\10\ Financial institutions or creditors that are required to implement 
a Program must administer the Program in accordance with the Red Flags 
Rule, consider the guidelines set forth in appendix A, and include in 
their Program those guidelines that are appropriate.\11\ The Card 
Issuers Rule requires that debit or credit card issuers establish and 
implement reasonable policies and procedures to assess the validity of 
a change of address request if, within a short period of time after 
receiving the request, the card issuer receives a request for an 
additional or replacement card for the same account.\12\ The Card 
Issuers Rule further prohibits a card issuer from issuing an additional 
or replacement card until it has (1) notified the cardholder of the 
request and provided a reasonable means for the cardholder to promptly 
report an incorrect address change, or (2) otherwise assessed the 
validity of the address change.\13\ Card issuers within the FTC's 
jurisdiction include, for example, state credit unions, general retail 
merchandise stores, colleges and universities, and telecoms.
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    \10\ 16 CFR 681.1(c)-(d).
    \11\ 16 CFR 681.1(e)-(f).
    \12\ 16 CFR 681.2(c).
    \13\ Id.
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II. Regulatory Review of the Identity Theft Rules

    The Commission periodically reviews all of its rules and guides. 
These reviews seek information about the costs and benefits of the 
agency's rules and guides, and their regulatory and economic impact. 
The information obtained assists the Commission in identifying those 
rules and guides that warrant modification or rescission. Therefore, 
the Commission solicits comments on, among other things, the economic 
impact and benefits of the Identity Theft Rules; possible conflict 
between the Identity Theft Rules and state, local, or other federal 
laws or regulations; and the effect on the Identity Theft Rules of any 
technological, economic, or other industry changes.

III. Issues for Comment

    The Commission requests written comment on any or all of the 
following questions. These questions are designed to assist the public 
and should not be construed as a limitation on the issues about which 
public comments may be submitted. The Commission requests that 
responses to its questions be as specific as possible, including a 
reference to the question being answered, and refer to empirical data 
or other evidence upon which the comment is based whenever available 
and appropriate.

A. General Issues

    1. Is there a continuing need for specific provisions of the Rules? 
Why or why not?
    2. What benefits have the Rules provided to consumers? What 
evidence supports the asserted benefits?
    3. What modifications, if any, should be made to the Rules to 
increase the benefits to consumers?
    a. What evidence supports the proposed modifications?

[[Page 63606]]

    b. How would these modifications affect the costs the Rules impose 
on businesses, including small businesses?
    4. What significant costs, if any, have the Rules imposed on 
consumers? What evidence supports the asserted costs?
    5. What modifications, if any, should be made to the Rules to 
reduce any costs imposed on consumers?
    a. What evidence supports the proposed modifications?
    b. How would these modifications affect the benefits provided by 
the Rules?
    6. What benefits, if any, have the Rules provided to businesses, 
including small businesses? What evidence supports the asserted 
benefits?
    7. What modifications, if any, should be made to the Rules to 
increase their benefits to businesses, including small businesses?
    a. What evidence supports the proposed modifications?
    b. How would these modifications affect the costs the Rules impose 
on businesses, including small businesses?
    c. How would these modifications affect the benefits to consumers?
    8. What significant costs, if any, including costs of compliance, 
have the Rules imposed on businesses, including small businesses? What 
evidence supports the asserted costs?
    9. What modifications, if any, should be made to the Rules to 
reduce the costs imposed on businesses, including small businesses?
    a. What evidence supports the proposed modifications?
    b. How would these modifications affect the benefits provided by 
the Rules?
    10. What evidence is available concerning the degree of industry 
compliance with the Rules?
    11. What modifications, if any, should be made to the Rules to 
account for changes in relevant technology or economic conditions? What 
evidence supports the proposed modifications?
    12. Do the Rules overlap or conflict with other federal, state, or 
local laws or regulations? If so, how?
    a. What evidence supports the asserted conflicts?
    b. With reference to the asserted conflicts, should the Rules be 
modified? If so, why, and how? If not, why not?

B. Specific Issues

    1. Do the guidelines in appendix A of the Red Flags Rule need 
updating? If so, what updates should be made?
    a. What evidence supports the proposed modification?
    b. [Reserved]
    2. The Red Flags Rule covers creditors that regularly and in the 
ordinary course of business: (1) Obtain or use consumer reports in 
connection with a credit transaction; (2) furnish information to 
consumer reporting agencies in connection with a credit transaction; or 
(3) advance funds to or on behalf of a person, based on an obligation 
of the person to repay the funds or repayable from specific property 
pledged by or on behalf of the person, unless the expenses for which 
the funds are advanced are incidental to a service the creditor 
provides to that person. Is there any other type of creditor that is 
not subject to the Red Flags Rule that offers or maintains accounts 
that are subject to a reasonably foreseeable risk of identity theft?
    a. If so, what type of creditor and what evidence supports that 
conclusion?
    b. [Reserved]

IV. Instructions for Submitting Comments

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before February 11, 
2019. Write ``Identity Theft Rules, 16 CFR part 681, Project No. 
188402'' on the 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 website, 
at https://www.ftc.gov/policy/public-comments. As a matter of 
discretion, the Commission tries to remove individuals' home contact 
information from comments before placing them on the Commission 
website. Because your comment will be made public, you are solely 
responsible for making sure that your comment does not include any 
sensitive personal information, such as a 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 payment 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, do not include any ``[t]rade secret or any commercial 
or financial information which is . . . privileged or confidential,'' 
as discussed in 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). In particular, do not include 
competitively sensitive information such as costs, sales statistics, 
inventories, formulas, patterns, devices, manufacturing processes, or 
customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you must follow the procedure explained in 
FTC Rule 4.9(c), 16 CFR 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 comments to be withheld from the public record. Your 
comment will be kept confidential only if the FTC General Counsel 
grants your request in accordance with the law and the public interest.
    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comment online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/identitytheftrulesreview by following the instructions on the web-
based form. If this document appears at https://www.regulations.gov, 
you also may file a comment through that website.
    If you file your comment on paper, write ``Identity Theft Rules, 16 
CFR part 681, Project No. 188402'' 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 B), 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 
B), Washington, DC 20024.
    Visit the Commission website at https://www.ftc.gov to read this 
document 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 February 11, 2019. 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.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2018-26609 Filed 12-10-18; 8:45 am]
BILLING CODE 6750-01-P



                                                63604                Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Proposed Rules

                                                VOR are VOR Federal airways V–113,                      portion of the existing route will remain               Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                V–137, V–485.                                           as charted.                                           40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                   With the planned decommissioning of                    V–485: V–485 currently extends                      1959–1963 Comp., p. 389.
                                                the Priest VOR, the remaining ground-                   between the Ventura, CA, VOR/DME to                   § 71.1       [Amended]
                                                based NAVAID coverage in the area is                    the San Jose, CA, VOR/DME. The FAA
                                                                                                                                                              ■ 2. The incorporation by reference in
                                                insufficient to enable the continuity of                plans to delete the segment between the
                                                                                                                                                              14 CFR 71.1 of FAA Order 7400.11C,
                                                the affected airways. As such, proposed                 Fellows, CA, VOR/DME and the San
                                                                                                                                                              Airspace Designations and Reporting
                                                modifications to V–113, V–137, and V–                   Jose, CA, VOR/DME. The new route will
                                                                                                                                                              Points, dated August 13, 2018 and
                                                485 would result in gaps in the route                   end at the Fellows, CA, VOR/DME. The
                                                                                                                                                              effective September 15, 2018, is
                                                structures.                                             unaffected portion of the existing route
                                                                                                                                                              amended as follows:
                                                   To overcome the gap in V–113,                        will remain as charted.
                                                instrument flight rules (IFR) traffic                     Domestic VOR Federal Airways in                     Paragraph 6010(a)        Domestic VOR Federal
                                                could use adjacent VOR Federal airways                  paragraph 6010 of FAA Order 7400.11C                  Airways
                                                V–248 and V–107 between the Paso                        dated August 13, 2018, and effective
                                                                                                        September 15, 2018, which is                          V–113 (Amended)
                                                Robles, CA, VORTAC and the Panoche,
                                                                                                        incorporated by reference in 14 CFR                     From Morro Bay, CA; to Paso Robles, CA.
                                                CA, VORTAC.                                                                                                   From Panoche, CA; to Linden, CA; INT
                                                   V–137 is proposed to terminate at the                71.1. The Domestic VOR Federal
                                                                                                        Airways listed in this document will be               Linden 046°(T) 029°(M) and Mustang, NV,
                                                Avenal, CA, VOR/DME instead of the                                                                            208°(T) 192°(M) radials; Mustang; 42 miles,
                                                Salinas, CA, VORTAC (current route                      subsequently published in the Order.                  24 miles, 115 MSL, 95 MSL, Sod House, NV;
                                                termination point). Alternate course to                 Regulatory Notices and Analyses                       67 miles, 95 MSL, 85 MSL, Rome, OR; 61
                                                reach the Salinas, CA, VORTAC is to file                                                                      miles, 85 MSL, Boise, ID; Salmon, ID;
                                                                                                          The FAA has determined that this                    Coppertown, MT; Helena, MT; to Lewistown,
                                                V–248.                                                  proposed regulation only involves an                  MT.
                                                   V- 485 is proposed to terminate at the               established body of technical
                                                Fellows, CA, VOR/DME instead of the                                                                           *        *      *    *      *
                                                                                                        regulations for which frequent and
                                                San Jose, CA, VOR/DME (current route                    routine amendments are necessary to                   V–137 (Amended)
                                                termination point). Alternate course to                 keep them operationally current. It,                    From Mexicali, Mexico; via Imperial, CA;
                                                reach San Jose, CA, VOR/DME is to file                  therefore: (1) Is not a ‘‘significant                 INT Imperial 350°(T) 336°(M) and Thermal,
                                                V–25. Additionally, ATS route T–333 is                  regulatory action’’ under Executive                   CA 144°(T) 131°(M) radials; Palm Springs,
                                                proposed to be extended as part of                      Order 12866; (2) is not a ‘‘significant               CA; Palmdale, CA; Gorman, CA; Avenal, CA.
                                                another rulemaking action that will                                                                           The airspace within Mexico is excluded.
                                                                                                        rule’’ under Department of
                                                mitigate the loss of V–485.                             Transportation (DOT) Regulatory                       *        *      *    *      *
                                                   Lastly, IFR traffic could file point to              Policies and Procedures (44 FR 11034;                 V–485 (Amended)
                                                point through the affected area using                   February 26, 1979); and (3) does not                    From Ventura, CA; to Fellows, CA. The
                                                fixes that will remain in place, or                     warrant preparation of a regulatory                   airspace within W–289 and R–2519 more
                                                receive air traffic control (ATC) radar                 evaluation as the anticipated impact is               than three (3) statute miles west of the airway
                                                vectors through the area. Visual flight                 so minimal. Since this is a routine                   centerline and the airspace within R–2519
                                                rules pilots who elect to navigate via the              matter that will only affect air traffic              below 5,000 feet MSL is excluded.
                                                airways through the affected area could                 procedures and air navigation, it is                    Issued in Washington, DC, on December 3,
                                                also take advantage of the adjacent VOR                 certified that this proposed rule, when               2018.
                                                Federal airways or ATC services listed                  promulgated, will not have a significant              Rodger A. Dean Jr.,
                                                previously.                                             economic impact on a substantial                      Manager, Airspace Policy Group.
                                                The Proposal                                            number of small entities under the                    [FR Doc. 2018–26679 Filed 12–10–18; 8:45 am]
                                                                                                        criteria of the Regulatory Flexibility Act.           BILLING CODE 4910–13–P
                                                  The FAA is proposing an amendment
                                                to Title 14 Code of Federal Regulations                 Environmental Review
                                                (14 CFR) part 71 to modify Domestic                        This proposal will be subject to an
                                                VOR Federal Airways (V–113, V–137                       environmental analysis in accordance                  FEDERAL TRADE COMMISSION
                                                and V–485). The proposed route                          with FAA Order 1050.1F,                               16 CFR Part 681
                                                changes are outlined below.                             ‘‘Environmental Impacts: Policies and
                                                  V–113: V–113 currently extends                        Procedures’’ prior to any FAA final                   RIN 3084–AB50
                                                between the Morro Bay, CA, VORTAC to                    regulatory action.
                                                the Lewistown, MT, VOR/DME. The                                                                               Identity Theft Rules
                                                                                                        List of Subjects in 14 CFR Part 71
                                                FAA plans to delete the segment                                                                               AGENCY:       Federal Trade Commission.
                                                between the Paso Robles, CA, VORTAC                       Airspace, Incorporation by reference,
                                                                                                                                                              ACTION:      Request for public comment.
                                                and the Panoche, CA, VORTAC causing                     Navigation (air).
                                                a gap in the route. The new route will                  The Proposed Amendment                                SUMMARY:   The Federal Trade
                                                stop at the Paso Robles, CA, VORTAC                                                                           Commission (‘‘FTC’’ or ‘‘Commission’’)
                                                                                                          In consideration of the foregoing, the              requests public comment on its Identity
                                                and resume at the Panoche, CA,
                                                                                                        Federal Aviation Administration                       Theft Rules. The Commission is
                                                VORTAC. The unaffected portion of the
                                                                                                        proposes to amend 14 CFR part 71 as                   soliciting comment as part of the FTC’s
                                                existing route will remain as charted.
                                                                                                        follows:
amozie on DSK3GDR082PROD with PROPOSALS1




                                                  V–137: V–137 currently extends                                                                              systematic review of all current
                                                between Mexicali, Mexico via the                        PART 71—DESIGNATION OF CLASS A,                       Commission regulations and guides.
                                                Imperial, CA, VORTAC to the Salinas,                    B, C, D, AND E AIRSPACE AREAS; AIR                    DATES: Comments must be received on
                                                CA, VORTAC. The FAA plans to delete                     TRAFFIC SERVICE ROUTES; AND                           or before February 11, 2019.
                                                the segment between the Avenal, CA,                     REPORTING POINTS                                      ADDRESSES: Interested parties may file a
                                                VOR/DME and the Salinas, CA,                                                                                  comment online or on paper by:
                                                VORTAC. The new route will end at the                   ■ 1. The authority citation for part 71                 • Online: Write ‘‘Identity Theft Rules,
                                                Avenal, CA, VOR/DME. The unaffected                     continues to read as follows:                         16 CFR part 681, Project No. 188402’’ on


                                           VerDate Sep<11>2014   17:07 Dec 10, 2018   Jkt 247001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\11DEP1.SGM   11DEP1


                                                                     Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Proposed Rules                                             63605

                                                your comment and file your comment at                   card issuers to validate notifications of                account.12 The Card Issuers Rule further
                                                https://ftcpublic.commentworks.com/                     changes of address under certain                         prohibits a card issuer from issuing an
                                                ftc/identitytheftrulesreview by following               situations.4                                             additional or replacement card until it
                                                the instructions on the web-based form.                    In November 2007, the Commission                      has (1) notified the cardholder of the
                                                   • Paper: Write ‘‘Identity Theft Rules,               and banking agencies published final                     request and provided a reasonable
                                                16 CFR part 681, Project No. 188402’’ on                rules and guidelines implementing the                    means for the cardholder to promptly
                                                your comment and on the envelope and                    red flags provisions of section 615 of the               report an incorrect address change, or
                                                mail your comment to the following                      FCRA.5 These rules include the duties                    (2) otherwise assessed the validity of the
                                                address: Federal Trade Commission,                      regarding the detection, prevention, and                 address change.13 Card issuers within
                                                Office of the Secretary, 600                            mitigation of identity theft (‘‘Red Flags                the FTC’s jurisdiction include, for
                                                Pennsylvania Avenue NW, Suite CC–                       Rule’’) 6 and the duties of card issuers                 example, state credit unions, general
                                                5610 (Annex B), Washington, DC 20580,                   regarding changes of address (‘‘Card                     retail merchandise stores, colleges and
                                                or deliver your comment to the                          Issuers Rule’’) 7 (collectively, the                     universities, and telecoms.
                                                following address: Federal Trade                        ‘‘Identity Theft Rules’’ or ‘‘Rules’’). In
                                                Commission, Office of the Secretary,                                                                             II. Regulatory Review of the Identity
                                                                                                        December 2010, the President signed the                  Theft Rules
                                                Constitution Center, 400 7th Street SW,                 Red Flag Program Clarification Act
                                                5th Floor, Suite 5610 (Annex B),                        (‘‘Clarification Act’’), which narrowed                     The Commission periodically reviews
                                                Washington, DC 20024.                                   the scope of entities covered as a                       all of its rules and guides. These reviews
                                                   See the Instructions for Submitting                  ‘‘creditor’’ under the Red Flags Rule.8                  seek information about the costs and
                                                Comments part of the SUPPLEMENTARY                      The Clarification Act also empowers the                  benefits of the agency’s rules and
                                                INFORMATION section below for
                                                                                                        Commission and other federal agencies                    guides, and their regulatory and
                                                additional information.                                 to determine through rulemaking                          economic impact. The information
                                                FOR FURTHER INFORMATION CONTACT:                        whether any other type of creditor                       obtained assists the Commission in
                                                Stacy Procter, Western Region—Los                       should be subject to the Red Flags Rule                  identifying those rules and guides that
                                                Angeles Office, Bureau of Consumer                      based on whether such creditor offers or                 warrant modification or rescission.
                                                Protection, Federal Trade Commission,                   maintains accounts with a reasonably                     Therefore, the Commission solicits
                                                10990 Wilshire Blvd., Suite 400, Los                    foreseeable risk of identity theft.9                     comments on, among other things, the
                                                Angeles, CA 90024, (310) 824–4300, or                                                                            economic impact and benefits of the
                                                                                                           The Red Flags Rule requires each
                                                Amanda Koulousias, Division of Privacy                                                                           Identity Theft Rules; possible conflict
                                                                                                        ‘‘financial institution’’ and ‘‘creditor’’
                                                and Identity Protection, Bureau of                                                                               between the Identity Theft Rules and
                                                                                                        subject to the Commission’s
                                                Consumer Protection, Federal Trade
                                                                                                        enforcement authority to periodically                    state, local, or other federal laws or
                                                Commission, 600 Pennsylvania Avenue
                                                                                                        determine whether it maintains                           regulations; and the effect on the
                                                NW, Washington, DC 20580, (202) 326–
                                                                                                        ‘‘covered accounts,’’ and to develop and                 Identity Theft Rules of any
                                                3334.
                                                                                                        maintain a written Identity Theft                        technological, economic, or other
                                                SUPPLEMENTARY INFORMATION:                                                                                       industry changes.
                                                                                                        Prevention Program (‘‘Program’’) to
                                                I. Background                                           detect, prevent and mitigate identity                    III. Issues for Comment
                                                   The Fair and Accurate Credit                         theft in connection with the opening or
                                                Transactions Act (‘‘FACTA’’) was                        existence of any ‘‘covered account.’’ 10                   The Commission requests written
                                                enacted in December 2003.1 Section 114                  Financial institutions or creditors that                 comment on any or all of the following
                                                of FACTA amended section 615 of the                     are required to implement a Program                      questions. These questions are designed
                                                Fair Credit Reporting Act (‘‘FCRA’’) and                must administer the Program in                           to assist the public and should not be
                                                required the Commission and other                       accordance with the Red Flags Rule,                      construed as a limitation on the issues
                                                federal agencies to establish and                       consider the guidelines set forth in                     about which public comments may be
                                                maintain guidelines for financial                       appendix A, and include in their                         submitted. The Commission requests
                                                institutions and creditors to identify                  Program those guidelines that are                        that responses to its questions be as
                                                patterns, practices and activities that                 appropriate.11 The Card Issuers Rule                     specific as possible, including a
                                                might indicate identity theft.2 FACTA                   requires that debit or credit card issuers               reference to the question being
                                                also required the Commission and other                  establish and implement reasonable                       answered, and refer to empirical data or
                                                federal agencies to prescribe regulations               policies and procedures to assess the                    other evidence upon which the
                                                requiring financial institutions and                    validity of a change of address request                  comment is based whenever available
                                                creditors to establish reasonable policies              if, within a short period of time after                  and appropriate.
                                                and procedures for implementing the                     receiving the request, the card issuer
                                                                                                        receives a request for an additional or                  A. General Issues
                                                established guidelines.3 In addition,
                                                FACTA required the Commission and                       replacement card for the same                              1. Is there a continuing need for
                                                other federal agencies to prescribe                                                                              specific provisions of the Rules? Why or
                                                                                                          4 15 U.S.C. 1681m(e)(1)(C).
                                                regulations requiring debit and credit                                                                           why not?
                                                                                                          5 72 FR 63718.
                                                                                                          6 16 CFR 681.1.                                          2. What benefits have the Rules
                                                   1 Public Law 108–159, 117 Stat. 1952 (codified as
                                                                                                          7 16 CFR 681.2.                                        provided to consumers? What evidence
                                                amended at 15 U.S.C. 1681–1681x).
                                                   2 15 U.S.C. 1681m(e)(1)(A), (e)(2). The other          8 Public Law 111–319, 124 Stat. 3457 (codified at      supports the asserted benefits?
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                                                federal agencies include the Federal banking            15 U.S.C. 1681m(e)(4)). The Clarification Act retains      3. What modifications, if any, should
                                                agencies, the National Credit Union Administration,     the definition of ‘‘creditor’’ from section 702 of the
                                                                                                        Equal Credit Opportunity Act (‘‘ECOA’’), 15 U.S.C.       be made to the Rules to increase the
                                                the Commodity Futures Trading Commission
                                                (‘‘CFTC’’) and the Securities and Exchange              1691a, but generally limits application of the Red       benefits to consumers?
                                                Commission (‘‘SEC’’). The CFTC and SEC obtained         Flags Rule to ECOA creditors that engage in certain        a. What evidence supports the
                                                regulatory authority in July 2010 pursuant to the       conduct regularly and in the ordinary course of
                                                                                                        business.                                                proposed modifications?
                                                Dodd Frank Wall Street Reform and Consumer
                                                                                                          9 15 U.S.C. 1681m(e)(4)(C).
                                                Protection Act. Public Law 111–203, 124 Stat.
                                                1376–2223.                                                10 16 CFR 681.1(c)–(d).                                 12 16      CFR 681.2(c).
                                                   3 15 U.S.C. 1681m(e)(1)(B).                            11 16 CFR 681.1(e)–(f).                                 13   Id.



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                                                63606                Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Proposed Rules

                                                   b. How would these modifications                     of business: (1) Obtain or use consumer                  If you want the Commission to give
                                                affect the costs the Rules impose on                    reports in connection with a credit                   your comment confidential treatment,
                                                businesses, including small businesses?                 transaction; (2) furnish information to               you must file it in paper form, with a
                                                   4. What significant costs, if any, have              consumer reporting agencies in                        request for confidential treatment, and
                                                the Rules imposed on consumers? What                    connection with a credit transaction; or              you must follow the procedure
                                                evidence supports the asserted costs?                   (3) advance funds to or on behalf of a                explained in FTC Rule 4.9(c), 16 CFR
                                                   5. What modifications, if any, should                person, based on an obligation of the                 4.9(c). In particular, the written request
                                                be made to the Rules to reduce any costs                person to repay the funds or repayable                for confidential treatment that
                                                imposed on consumers?                                   from specific property pledged by or on               accompanies the comment must include
                                                   a. What evidence supports the                        behalf of the person, unless the                      the factual and legal basis for the
                                                proposed modifications?                                 expenses for which the funds are                      request, and must identify the specific
                                                   b. How would these modifications                     advanced are incidental to a service the              portions of the comments to be withheld
                                                affect the benefits provided by the                     creditor provides to that person. Is there
                                                                                                                                                              from the public record. Your comment
                                                Rules?                                                  any other type of creditor that is not
                                                                                                                                                              will be kept confidential only if the FTC
                                                   6. What benefits, if any, have the                   subject to the Red Flags Rule that offers
                                                Rules provided to businesses, including                                                                       General Counsel grants your request in
                                                                                                        or maintains accounts that are subject to
                                                small businesses? What evidence                         a reasonably foreseeable risk of identity             accordance with the law and the public
                                                supports the asserted benefits?                         theft?                                                interest.
                                                   7. What modifications, if any, should                   a. If so, what type of creditor and                   Postal mail addressed to the
                                                be made to the Rules to increase their                  what evidence supports that                           Commission is subject to delay due to
                                                benefits to businesses, including small                 conclusion?                                           heightened security screening. As a
                                                businesses?                                                b. [Reserved]                                      result, we encourage you to submit your
                                                   a. What evidence supports the                        IV. Instructions for Submitting                       comment online. To make sure that the
                                                proposed modifications?                                 Comments                                              Commission considers your online
                                                   b. How would these modifications                                                                           comment, you must file it at https://
                                                affect the costs the Rules impose on                       You can file a comment online or on                ftcpublic.commentworks.com/ftc/
                                                businesses, including small businesses?                 paper. For the Commission to consider
                                                                                                                                                              identitytheftrulesreview by following the
                                                   c. How would these modifications                     your comment, we must receive it on or
                                                                                                                                                              instructions on the web-based form. If
                                                affect the benefits to consumers?                       before February 11, 2019. Write
                                                                                                                                                              this document appears at https://
                                                   8. What significant costs, if any,                   ‘‘Identity Theft Rules, 16 CFR part 681,
                                                                                                        Project No. 188402’’ on the comment.                  www.regulations.gov, you also may file
                                                including costs of compliance, have the                                                                       a comment through that website.
                                                Rules imposed on businesses, including                  Your comment, including your name
                                                small businesses? What evidence                         and your state, will be placed on the                    If you file your comment on paper,
                                                supports the asserted costs?                            public record of this proceeding,                     write ‘‘Identity Theft Rules, 16 CFR part
                                                   9. What modifications, if any, should                including, to the extent practicable, on              681, Project No. 188402’’ on your
                                                be made to the Rules to reduce the costs                the public Commission website, at                     comment and on the envelope, and mail
                                                imposed on businesses, including small                  https://www.ftc.gov/policy/public-                    your comment to the following address:
                                                businesses?                                             comments. As a matter of discretion, the              Federal Trade Commission, Office of the
                                                   a. What evidence supports the                        Commission tries to remove individuals’               Secretary, 600 Pennsylvania Avenue
                                                proposed modifications?                                 home contact information from                         NW, Suite CC–5610 (Annex B),
                                                   b. How would these modifications                     comments before placing them on the                   Washington, DC 20580, or deliver your
                                                affect the benefits provided by the                     Commission website. Because your                      comment to the following address:
                                                Rules?                                                  comment will be made public, you are                  Federal Trade Commission, Office of the
                                                   10. What evidence is available                       solely responsible for making sure that               Secretary, Constitution Center, 400 7th
                                                concerning the degree of industry                       your comment does not include any                     Street SW, 5th Floor, Suite 5610 (Annex
                                                compliance with the Rules?                              sensitive personal information, such as               B), Washington, DC 20024.
                                                   11. What modifications, if any, should               a Social Security number, date of birth,
                                                                                                        driver’s license number or other state                   Visit the Commission website at
                                                be made to the Rules to account for                                                                           https://www.ftc.gov to read this
                                                changes in relevant technology or                       identification number or foreign country
                                                                                                        equivalent, passport number, financial                document and the news release
                                                economic conditions? What evidence                                                                            describing it. The FTC Act and other
                                                supports the proposed modifications?                    account number, or payment card
                                                                                                        number. You are also solely responsible               laws that the Commission administers
                                                   12. Do the Rules overlap or conflict
                                                                                                        for making sure that your comment does                permit the collection of public
                                                with other federal, state, or local laws or
                                                                                                        not include any sensitive health                      comments to consider and use in this
                                                regulations? If so, how?
                                                   a. What evidence supports the                        information, such as medical records or               proceeding as appropriate. The
                                                asserted conflicts?                                     other individually identifiable health                Commission will consider all timely
                                                   b. With reference to the asserted                    information.                                          and responsive public comments that it
                                                conflicts, should the Rules be modified?                   In addition, do not include any                    receives on or before February 11, 2019.
                                                If so, why, and how? If not, why not?                   ‘‘[t]rade secret or any commercial or                 For information on the Commission’s
                                                                                                        financial information which is . . .                  privacy policy, including routine uses
                                                B. Specific Issues                                      privileged or confidential,’’ as discussed            permitted by the Privacy Act, see
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                                                  1. Do the guidelines in appendix A of                 in Section 6(f) of the FTC Act, 15 U.S.C.             https://www.ftc.gov/site-information/
                                                the Red Flags Rule need updating? If so,                46(f), and FTC Rule 4.10(a)(2), 16 CFR                privacy-policy.
                                                what updates should be made?                            4.10(a)(2). In particular, do not include               By direction of the Commission.
                                                  a. What evidence supports the                         competitively sensitive information
                                                                                                                                                              Donald S. Clark,
                                                proposed modification?                                  such as costs, sales statistics,
                                                  b. [Reserved]                                         inventories, formulas, patterns, devices,             Secretary.
                                                  2. The Red Flags Rule covers creditors                manufacturing processes, or customer                  [FR Doc. 2018–26609 Filed 12–10–18; 8:45 am]
                                                that regularly and in the ordinary course               names.                                                BILLING CODE 6750–01–P




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Document Created: 2018-12-11 01:06:17
Document Modified: 2018-12-11 01:06:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for public comment.
DatesComments must be received on or before February 11, 2019.
ContactStacy Procter, Western Region--Los Angeles Office, Bureau of Consumer Protection, Federal Trade Commission, 10990 Wilshire Blvd., Suite 400, Los Angeles, CA 90024, (310) 824-4300, or Amanda Koulousias, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, (202) 326-3334.
FR Citation83 FR 63604 
RIN Number3084-AB50

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