FTC Defers Enforcement of the Red Flags Rule to November 1, 2009

Posted by Jason Greis on July 29, 2009 under Articles | Be the First to Comment

On July 29, 2009, the U.S. Federal Trade Commission (FTC) deferred enforcement of the Red Flags Rule from August 1, 2009 to November 1, 2009 in order “to give creditors and financial institutions more time to develop and implement written identity theft prevention programs.” As we discussed in our articles from 4/27/09 and 5/4/09, the Red Flags Rule will require many businesses to develop, implement, and administer an Identity Theft Prevention Program that is designed to detect the warnings signs (or “red flags”) of identity theft, as well as to prevent and mitigate it. Read More...

“Red Flag Rules” Apply to LTACHs: August 1, 2009 Implementation Deadline Quickly Approaching

Posted by Jason Greis on July 26, 2009 under Articles | Be the First to Comment

The new deadline for health care providers, including LTACHs and other post-acute care providers, to comply with the “Red Flag” identity protection rules (the “Rules”), which were first published by the Federal Trade Commission (“FTC”) in 2007 as part of the Fair and Accurate Credit Transactions Act of 2003 (“FACTA”) is quickly approaching.  On August 1, 2009, “financial institutions” and “creditors” covered by the Rules will be required to implement a written Identity Theft Prevention Program (“Program”) to define, detect, and respond to “Red Flags” in order to prevent and/or mitigate identity theft.  Failure to comply with the Rules can result in the assessment of civil monetary penalties for violations.  Read More...