• The Ambiguity Continues: What Does The Red Flag Program Clarification Act of 2010 Clarify?
  • May 21, 2012 | Author: Lisa Arlyn Lowe
  • Law Firm: Buckley King A Legal Professional Association - Cleveland Office
  • The Federal Trade Commission promulgated the Identity Theft Rules in 2007. The Rule, which requires businesses and organizations to implement written identity theft prevention programs and detect warning signs of identity theft in their operations, has fostered widespread confusion over the types of businesses and entities to which it applies. In fact, the FTC repeatedly delayed enforcement of the Rule to implement regulations to clarify its application. Congress passed the Red Flag Program Clarification Act of 2010 to alleviate ambiguity concerning the Rule's application. However, the Act may not have achieved the clarification Congress desired.