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Financial Services Law Insights and Observations

FTC seeks comments on identity theft detection rules

Agency Rule-Making & Guidance FTC Identity Theft RFI Privacy/Cyber Risk & Data Security

Agency Rule-Making & Guidance

On December 4, the FTC released a request for public comment on whether the agency should make changes to its identity theft detection rules—the Red Flags Rule and the Card Issuers Rule—which require financial institutions and creditors to take certain actions to detect signs of identity theft affecting their customers. The FTC is seeking comment as part of its systematic review of all of its regulations and guides. According to the FTC, consumer complaints relating to identity theft represented the third largest category of consumer complaints made to the FTC through the first three quarters of 2018 and the second largest category in 2017. The FTC is seeking comment on all aspects of the two rules, but also poses specific questions for commenters to address, such as (i) whether there is a continuing need for the specific provisions of the rules; (ii) what significant costs have the rules imposed on consumers and businesses; and (iii) whether there are any types of creditors that are not currently covered by the Red Flags Rule but should be covered. The request for comment is due to be published in the Federal Register shortly, and comments must be received by February 11, 2019.

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