Payment Matters: Red Flag Enforcement Delay Expired January 1, 2011; No Clarification Yet From FTC


The last FTC action with regard to the Red Flag Rule delayed enforcement through December 31, 2010 to allow Congress time to clarify the scope of the rule. On November 30, 2010, Congress passed the “Red Flag Program Clarification Act of 2010”; (Clarification Act). That bill was signed into law on December 18, 2010. As we described here, the Clarification Act leaves some questions unanswered. In the interim, the FTC’s enforcement delay has expired, but the FTC has not yet explained its interpretation of the Clarification Act. As of the writing of this note, visitors to the FTC Red Flag website are instead greeted with a text box noting the passage of the Clarification Act, and an explanation that “The FTC is revising the materials on this site to reflect the change in the law.”

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