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ARTICLE · 17 OCTOBER 2018

SEC Brings First Enforcement Action For Identity Theft Red Flags Rule Violations

On September 26, in the Securities and Exchange Commission's ("SEC") first enforcement action for violations of Regulation S-ID (the "Identity Theft Red Flags Rule"), Voya Financial Advisors Inc.

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On September 26, in the Securities and Exchange Commission’s (“SEC”) first enforcement action for violations of Regulation S-ID (the “Identity Theft Red Flags Rule”), Voya Financial Advisors Inc. (“VFA”), an SEC-registered investment adviser and broker-dealer, has agreed to settle charges relating to failures in its cybersecurity policies and procedures concerning a cyber-intrusion that compromised thousands of customers’ personal information. VFA agreed to pay a $1 million penalty as well as retain an independent consultant to evaluate its policies and procedures for compliance with the Safeguards Rule and Identity Theft Red Flags Rule. For a copy of the SEC order, visit here.

The SEC alleged that over a six-day period in 2016, certain persons impersonated VFA independent contractor representatives, calling the VFA support line and asking that the contractors’ passwords be reset. In two cases, the intruders used phone numbers that had been used in prior fraudulent

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