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.”

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ober|Kaler | Attorney Advertising

Written by:


Ober|Kaler on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.