FTC Extends Enforcement Deadline for
Identity Theft Red Flags Rule
At the request of Members of Congress, the Federal Trade Commission is delaying enforcement of the “Red Flags” Rule until June 1, 2010, for financial institutions and creditors subject to enforcement by the FTC.
The Rule was promulgated under the Fair and Accurate Credit Transactions Act, in which Congress directed the Commission and other agencies to develop regulations requiring “creditors” and “financial institutions” to address the risk of identity theft. The resulting Red Flags Rule requires all such entities that have “covered accounts” to develop and implement written identity theft prevention programs to help identify, detect, and respond to patterns, practices, or specific activities – known as “red flags” – that could indicate identity theft.
http://www.ftc.gov/opa/2009/10/redflags.shtm
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FTC Extends Enforcement Deadline for Identity Theft Red Flags Rule
At the request of Members of Congress, the Federal Trade Commission is delaying enforcement of the “Red Flags” Rule until June 1, 2010, for financial institutions and creditors subject to enforcement by the FTC.
CAR DEALERS WILL HAVE UNTIL JUNE 1, 2010 TO MEET RED FLAG RULES COMPLIANCE
The Rule was promulgated under the Fair and Accurate Credit Transactions Act, in which Congress directed the Commission and other agencies to develop regulations requiring “creditors” and “financial institutions” to address the risk of identity theft. The resulting Red Flags Rule requires all such entities that have “covered accounts” to develop and implement written identity theft prevention programs to help identify, detect, and respond to patterns, practices, or specific activities – known as “red flags” – that could indicate identity theft.
The Commission previously delayed the enforcement of the Rule for entities under its jurisdiction until November 1, 2009. The Commission staff has continued to provide guidance to entities within its jurisdiction, both through materials posted on the dedicated Red Flags Rule Web site (www.ftc.gov/redflagsrule), and in speeches and participation in seminars, conferences and other training events to numerous groups. The Commission also published a compliance guide for business, and created a template that enables low risk entities to create an identity theft program with an easy-to-use online form. FTC staff has published numerous general and industry-specific articles, released a video explaining the Rule, and continues to respond to inquiries from the public. To assist further with compliance, FTC staff has worked with a number of trade associations that have chosen to develop model policies or specialized guidance for their members.
On October 30, 2009, the U.S. District Court for the District of Columbia ruled that the FTC may not apply the Red Flags Rule to attorneys. Today’s announcement that the Commission will delay enforcement of the Rule until June 1, 2010, does not affect the separate timeline of that proceeding and any possible appeals. Nor does it affect other federal agencies’ ongoing enforcement for financial institutions and creditors subject to their oversight.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.
MEDIA CONTACT:
Office of Public Affairs
202-326-2180
http://www.ftc.gov/opa/2009/10/redflags.shtm
============================================
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AICPA Sues FTC
over Identity Theft Rule
Washington, D.C.
(November 11, 2009)
The American Institute of CPAs has filed a lawsuit against the Federal Trade Commission challenging the applicability of the so-called “Red Flags Rule” to CPAs.
The lawsuit follows on the heels of the FTC’s recent decision to delay enforcement of the rule for the fourth time (see FTC Extends Deadline for ‘Red Flags’ ID Theft Rule). The rule, promulgated by the FTC in November 2007 to comply with the Fair and Accurate Credit Transactions Act of 2003, requires financial institutions and creditors to develop and implement written identity theft programs to help identify, detect and respond to patterns, practices or specific activities — known as “red flags” — that could indicate identity theft. It was originally set to take effect on Nov. 1, 2008, but after the latest extension, it is now set to become effective June 1, 2010.

Barry Melancon
The AICPA filed suit in the U.S. District Court for the District of Columbia seeking an injunction barring the FTC from applying the Red Flags Rule to CPAs, claiming the rule would impose onerous and unnecessary requirements on AICPA members. Its application to lawyers and law firms has already been blocked after a similar lawsuit was filed by the American Bar Association.
“We do not believe that there is any reasonably foreseeable risk of identity theft when CPA clients are billed for services rendered,” said AICPA president and CEO Barry Melancon in a statement. “As trusted advisors, CPAs are personally acquainted with their clients and already adhere to strict privacy requirements governing identifying information.”
The Red Flags Rule was mainly intended to apply to financial institutions and credit card companies, requiring them to develop and implement programs to detect and respond to activity that may signal identity theft. Under the FTC’s interpretation, the rule would apply to public accountants only because CPA firms typically bill clients for services rendered, thus technically qualifying them as a “creditor.” However, the AICPA contends that public accountants do not provide financial services that would typically create identity theft risks for clients.
The AICPA’s complaint, filed by the law firm Fried, Frank, Harris, Shriver & Jacobson LLP, alleges that the FTC is exceeding its congressionally granted powers under the 2003 law by interpreting its Red Flags Rule to apply to accountants. The complaint alleges that the FTC has acted arbitrarily, capriciously, and contrary to law by failing to articulate a rational connection between the profession of public accounting and identity theft. The FTC failed to explain how the manner in which public accountants bill their clients in the normal course of business constitutes an extension of credit, according to the AICPA, adding that the FTC further failed to identify any legally supportable basis for applying the rule to accountants.
The AICPA’s lawsuit follows an Oct. 30 order by U.S. District Court Judge Reggie B. Walton in response to the American Bar Association’s lawsuit seeking to enjoin the FTC from applying its Red Flags Rule to practicing attorneys. Judge Walton granted the ABA’s motion in a partial summary judgment, holding that the FTC had exceeded its authority by interpreting the term “creditor” to include attorneys engaged in the practice of law. That same day, the FTC issued a press release announcing that it was delaying enforcement of the rule until June 1, 2010, a decision welcomed by the AICPA.
“The FTC made the right move in delaying implementation of the Red Flags Rule and we certainly still appreciate the commission’s continuing consideration of our request for a CPA exemption,” Melancon said.
A copy of the complaint filed by Fried Frank is available at http://www.aicpa.org/download/news/2009/AICPA-Complaint.pdf.

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a recent blog post of ours
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HE CAN LOOK FOR ANOTHER LAWYER ”
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FTC Extends Enforcement Deadline for Identity Theft Red Flags Rule
At the request of Members of Congress, the Federal Trade Commission is delaying enforcement of the “Red Flags” Rule until June 1, 2010, for financial institutions and creditors subject to enforcement by the FTC.
CAR DEALERS WILL HAVE UNTIL JUNE 1, 2010
TO MEET RED FLAG RULES COMPLIANCE
The Rule was promulgated under the Fair and Accurate Credit Transactions Act, in which Congress directed the Commission and other agencies to develop regulations requiring “creditors” and “financial institutions” to address the risk of identity theft. The resulting Red Flags Rule requires all such entities that have “covered accounts” to develop and implement written identity theft prevention programs to help identify, detect, and respond to patterns, practices, or specific activities – known as “red flags” – that could indicate identity theft.<br>
The Commission previously delayed the enforcement of the Rule for entities under its jurisdiction until November 1, 2009. The Commission staff has continued to provide guidance to entities within its jurisdiction, both through materials posted on the dedicated Red Flags Rule Web site (www.ftc.gov/redflagsrule), and in speeches and participation in seminars, conferences and other training events to numerous groups. The Commission also published a compliance guide for business, and created a template that enables low risk entities to create an identity theft program with an easy-to-use online form. FTC staff has published numerous general and industry-specific articles, released a video explaining the Rule, and continues to respond to inquiries from the public. To assist further with compliance, FTC staff has worked with a number of trade associations that have chosen to develop model policies or specialized guidance for their members.
On October 30, 2009, the U.S. District Court for the District of Columbia ruled that the FTC may not apply the Red Flags Rule to attorneys. Today’s announcement that the Commission will delay enforcement of the Rule until June 1, 2010, does not affect the separate timeline of that proceeding and any possible appeals. Nor does it affect other federal agencies’ ongoing enforcement for financial institutions and creditors subject to their oversight.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.
MEDIA CONTACT:
Office of Public Affairs
202-326-2180
http://www.ftc.gov/opa/2009/10/redflags.shtm
============================================<br>
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October 7, 2009 at 12:12 pm (automated red flag man, california car buyer bill of rights, dealer bond, dealer forms, dealer licensed salesperson training, dealer plate use, dealer transportation, dmv investigations, dmv occupational licensing, dmv representation, licensed salesperson training, private dmv dealer education, red flag rules countdown to red flag deadline, women in the car business) (13 CA ADCNext search terms § 201.00, 13 CCR § 201.00, 13 CCR § 201.00 1CAC, BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 13. MOTOR VEHICLES DIVISION 1. DEPARTMENT OF MOTOR VEHICLES CHAPTER 1. DEPARTMENT OF MOTOR VEHICLES ARTICLE 3.3. SPECIAL PLATES, can i use my dealer plate 24/7 ???, CCR dealer plate use section, certified car dealer education, chp car dealer training, chp continuing education, chp dealer plate enforcement, chp dealer plate rules, chp dealer plate update, cops4free, copsforfree, dealer plate insurance is mandatory, dealer plate personal use, dealer plate rules issue from the CCR, dealer plate use misconceptions by law enforcement, dealer plate use tax reporting, dmv certified dealer education, dmv dealer plate rules, free dealer education for chp, gotplates dealer plate, improper use of the dealer plate, post certified law enforcement training, Previous search terms13 CA ADCNext search terms § 201.00 1CAC) · Edit
california code of regulations
BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 13. MOTOR VEHICLES DIVISION 1. DEPARTMENT OF MOTOR VEHICLES CHAPTER 1. DEPARTMENT OF MOTOR VEHICLES ARTICLE 3.3. SPECIAL PLATES This database is current through 9/25/09 Register 2009, No. 39
|
§ 201.00. Use of Special Plates Issued to a Dealer, Manufacturer, Remanufacturer, or Distributor. |
|
(a) Special plates referenced in this section may only be used on vehicles that a dealer, manufacturer, remanufacturer, or distributor owns or lawfully possesses.
(b) The following individuals may operate a vehicle with special plates for any purpose:
|
(1) An individual who is the sole owner, a general partner, a manager of a limited liability company, or a corporate officer or director of a dealer, manufacturer, remanufacturer, or distributor, provided that individual is actively engaged in the management and control of the business operations of the dealer, manufacturer, remanufacturer, or distributor; |
|
|
(2) A general manager, or business manager, or sales manager who is actively engaged in the management and control of the business operations of the dealer, manufacturer, remanufacturer, or distributor when no other individual meets the criteria in (1) above; |
|
|
(3) An individual employed by a manufacturer or distributor and licensed as a representative. |
|
(c) Any licensed driver may operate a vehicle with special plates for any purpose if an individual identified in section (b) is also in the vehicle.
|
(1) An unaccompanied licensed driver, who regularly resides in the immediate household of an individual identified in section (b), may operate a vehicle with special plates solely to pick up or drop off that individual. |
|
(d) A licensed driver who is an employee of a dealer, manufacturer, remanufacturer or distributor may drive a vehicle with special plates when that employee is acting within the course and scope of his or her employment.
(e) Any licensed driver may operate a vehicle with dealer, manufacturer, remanufacturer, or distributor special plates for special event purposes if the operator carries a letter of authorization from the licensee identifying the vehicle, duration, and location of operation, and person(s) authorized to operate the vehicle.
(f) Any licensed driver, who is a prospective buyer or lessee, may test drive a vehicle with special plates for up to seven days.
|
(1) A salesperson is not required to be present. |
|
|
(2) If a salesperson is not present, the operator must carry a letter of authorization from the licensee identifying the vehicle, duration, and person(s) authorized to operate the vehicle. |
|
(g) Employees of a commercial vehicle dealer, manufacturer, remanufacturer, or distributor who must operate a commercial vehicle in the course of their employment, may take a commercial drive test in a commercial vehicle displaying dealer, manufacturer, remanufacturer, or distributor special plates.
(h) A trailer, displaying special plates, may be towed by a vehicle with Vehicle Code authority to operate on the highways.
(i) Any use of special plates issued to a dealer, manufacturer, remanufacturer, or distributor except as specified is prohibited.
<General Materials (GM) – References, Annotations, or Tables>
|
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11714, 11715 and 11716, Vehicle Code. |
|
HISTORY 1. Amendment of article heading and new section filed 6-8-2000; operative 7-8-
2000 (Register 2000, No. 23). For prior history of article 3.3, see
Register 93, No. 30 and Register 96, No. 35.
13 CCR § 201.00,
13 CA ADC
§ 201.00
1CAC
13 CA ADC
§ 201.00
END OF DOCUMENT
To subscribe to the e-mail alert service logon to www.emailalert.dmv.ca.gov/subscriptions.asp.
This page contains detailed instructions on how to subscribe.
The Industry Tools Home Page located at
http://www.dmv.ca.gov/vr/dealer_regservice.htm
provides convenient access to information and links that are pertinent to the vehicle registration industry.
++++++++++++++++++++++++++++++++
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Posted: October 28th, 2009
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The U.S. House of Representatives Oct. 20 approved by a 400-0 vote legislation to exempt most dental offices from the Federal Trade Commission’s Red Flags Rule. Thirty-two House members were recorded as not voting . “This is great news for most dental practices in this country and demonstrates the effectiveness of our grassroots advocacy initiatives,” said ADA President Ron Tankersley.
Under the Red Flags Rules, creditors must develop a written program that identifies and detects the relevant warning signs – or “red flags” – of identity theft. The program must also describe appropriate responses that would prevent and mitigate the crime and detail a plan to update the program. The program must be managed by the Board of Directors or senior employees of the creditor, include appropriate staff training, and provide for oversight of any service providers.
The FTC has said health care practices may be “creditors” as defined by the 2003 law to include “any entity that extends or renews credit—or arranges for others to do so—and includes all entities that regularly permit deferred payments for goods or services,” and thus subject to the Red Flags Rules. The Association has challenged FTC’s interpretation of the Fair Credit law while seeking legislative remedy.
“It is obvious that physicians and dentists are not creditors, and they should not be forced to spend hundreds of dollars to comply with this needless regulation,” said dentist/Rep. Mike Simpson (R-Idaho), one of the key sponsors of the bill. “They don’t require full payment at the time of service because they first bill the insurance company, then they bill the patient the remainder of the bill. This system should not be treated the same as a loan with a financial institution,” said Congressman Simpson.
“Obviously, applying the Red Flags Rule to the typical dental practice overreached the original intent of the legislation and would result in unnecessary bureaucratic burdens and expense,” Dr. Tankersley said. “I am pleased that the House of Representatives overwhelmingly understood the wisdom of the exemption.”
The Association is seeking similar Senate legislation to assure final congressional passage and enactment of a law providing an exclusion from Red Flags identity theft guidelines for certain businesses including “a health care practice with 20 or fewer employees,” which means most private practice dental offices.
Posted: October 23rd, 2009
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The Enertia is an iconic design, which blends modern electro design while paying homage to its motorcycle heritage (this is likely the reason that the first Enertia prototype is on display at the Museum of Science and Industry in Chicago as part of their Smart Home: Green+Wired exhibit). The look is definitely future-forward and tends to draw a crowd of admirers when ridden around town (people can’t seem to resist getting a glimpse at the future). The Enertia is offered in five different colors (each with a catchy name like subliminal green and glacial blue) letting you choose the color to fit your personal style (so, while the Enertia aspires to lead the world into transportation 2.0 like the Ford Model T did for transportation 1.0, BRAMMO has a lot more flair than Henry Ford did with the Model T and the slogan “Any customer can have a car painted any colour that he wants so long as it is black”).
Click here to view the Enertia gallery
Posted: October 22nd, 2009
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