Privacy & Information Security Law Blog: FTC Seeks Public Comment On Identity Theft Rules

On December 4, 2018, the Federal Trade Commission published a notice in the Federal Register indicating that it is seeking public comment on whether any amendments should be made to the FTC's Identity Theft Red Flags Rule ("Red Flags Rule") and the duties of card issuers regarding changes of address ("Card Issuers Rule") (collectively, the "Identity Theft Rules"). The request for comment forms part of the FTC's systematic review of all current FTC regulations and guides. These periodic reviews seek input from stakeholders on the benefits and costs of specific FTC rules and guides along with information about their regulatory and economic impacts.

The Red Flags Rule requires certain financial entities to develop and implement a written identity theft detection program that can identify and respond to the "red flags" that signal identity theft. The Card Issuers Rule requires that issuers of debit or credit cards (e.g., state credit unions, general retail merchandise