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The Federal Trade Commission (FTC) has delayed — for the third time — new “Red Flags Rules” until Nov. 1 to give affected businesses more time to develop and implement identity theft prevention programs, according to a bulletin from the Recreation Vehicle Dealers Association (RVDA). 

The rules were schedule to take effect on Saturday (Aug. 1). 

This third delay is primarily due to the FTC’s realization that the Red Flags Rules are covering many more small businesses, RVDA noted. And these are small businessess that are not traditionally covered by FTC privacy rules, such as doctors’ offices and law offices.

 The American Bar Association (ABA) and others have argued that the FTC has gone too far in implementing the law by extending its definition of “creditors” to include lawyers and doctors. The Red Flags Rule requires creditors, defined as those who provide services for deferred payment, to create and maintain policies guarding the personal information of their clientele. The agency has delayed implementation for health care providers who raised similar objections and ABA officials believe that a similar step is possible for attorneys, but only if the FTC hears from Congress.

RV dealers who have not established a written plan and have not appointed a plan administrator will benefit from this additional delay. However, dealers can be sure there will be a large nationwide compliance sweep after Nov. 1. During this latest extension, the FTC has developed a sample templates and materials to assist smaller businesses with compliance.

For RVDA members-only FTC Red Flags rule compliance information, visit
www.rvda.org/AM/Template.cfm?Section=Government_Relations1&Template=/
MembersOnly.cfm&NavMenuID=805&ContentID=6321&DirectListComboInd=D.

For more information on the FTC’s delay, visit www.ftc.gov/opa/2009/04/redflagsrule.shtm.

For more information on complying with the FTC’s Red Flags Rule,  visit the RVDA Members only website or visit www2.ftc.gov/bcp/edu/microsites/redflagsrule/index.shtml.