ExpatEdge Partners LLC; Analysis of Proposed Consent Orders To Aid Public Comment, 53250-53252 [E9-24997]
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<![CDATA[
53250
Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
complaint. An electronic copy of the
full text of the consent agreement
package can be obtained from the FTC
Home Page (for October 6, 2009), on the
World Wide Web, at (https://
www.ftc.gov/os/actions.shtm). A paper
copy can be obtained from the FTC
Public Reference Room, Room 130-H,
600 Pennsylvania Avenue, NW,
Washington, D.C. 20580, either in
person or by calling (202) 326-2222.
Public comments are invited, and may
be filed with the Commission in either
paper or electronic form. All comments
should be filed as prescribed in the
ADDRESSES section above, and must be
received on or before the date specified
in the DATES section.
Analysis of Agreement Containing
Consent Order To Aid Public Comment
The Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) has accepted,
subject to final approval, a consent
agreement from Progressive Gaitways,
Inc.
The proposed consent order has been
placed on the public record for thirty
(30) days for receipt of comments by
interested persons. Comments received
during this period will become part of
the public record. After thirty (30) days,
the Commission will again review the
agreement and the comments received,
and will decide whether it should
withdraw from the agreement and take
appropriate action or make final the
agreement’s proposed order.
This matter concerns alleged false or
misleading representations that
Progressive Gaitways made to
consumers concerning its participation
in the Safe Harbor privacy framework
(‘‘Safe Harbor’’) agreed upon by the U.S.
and the European Union (‘‘EU’’). It is
among the Commission’s first cases to
challenge deceptive claims about the
Safe Harbor. The Safe Harbor provides
a mechanism for U.S. companies to
transfer data outside the EU consistent
with European law. To join the Safe
Harbor, a company must self-certify to
the U.S. Department of Commerce
(‘‘Commerce’’) that it complies with
seven principles and related
requirements. Commerce maintains a
public website, (www.export.gov/
safeharbor), where it posts the names of
companies that have self-certified to the
Safe Harbor. The listing of companies
indicates whether their self-certification
is ‘‘current’’ or ‘‘not current.’’
Companies are required to re-certify
every year in order to retain their status
as ‘‘current’’ members of the Safe Harbor
framework.
Progressive Gaitways sells medical
equipment, including through two
websites (www.theratogs.com) and
VerDate Nov<24>2008
16:37 Oct 15, 2009
Jkt 220001
(www.gaitways.com). According to the
Commission’s complaint, from at least
December 2008 until June 2009,
Progressive Gaitways’
(www.theratogs.com) website set forth
privacy policies and statements about
its practices, including statements
related to its participation in the Safe
Harbor. From at least June 2007 until
June 2009, respondent has set forth on
its website, (www.gaitways.com), the
same privacy policies and statements,
including the statements related to
participation in the Safe Harbor.
The Commission’s complaint alleges
that until June 2009, Progressive
Gaitways falsely represented that it was
a current participant in the Safe Harbor
when, in fact, Progressive Gaitways has
not been a current participant in the
Safe Harbor since November 2006 for its
(www.theratogs.com) website, and had
never been a participant in the Safe
Harbor for its (www.gaitways.com)
website. The Commission’s complaint
alleges that Progressive Gaitways
submitted a Safe Harbor selfcertification on behalf of its
(www.theratogs.com) website in
November 2004 and renewed it in
November 2005. It did not renew the
self-certification in November 2006, at
which point Commerce updated its
status to ‘‘not current’’ on the Commerce
public website. To date, Progressive
Gaitways has not renewed its selfcertification to the Safe Harbor on behalf
of (www.theratogs.com). The
Commission’s proposed complaint also
alleges that Progressive Gaitways has
never filed a Safe Harbor selfcertification on behalf of its
(www.gaitways.com) website.
The proposed order applies to
Progressive Gaitways’s representations
about its membership in any privacy,
security, or any other compliance
program sponsored by the government
or any other third party. It contains
provisions designed to prevent
Progressive Gaitways from engaging in
the future in practices similar to those
alleged in the complaint.
Part I of the proposed order prohibits
Progressive Gaitways from making
misrepresentations about its
membership in any privacy, security, or
any other compliance program
sponsored by the government or any
other third party.
Parts II through VI of the proposed
order are reporting and compliance
provisions. Part II requires Progressive
Gaitways to retain documents relating to
its compliance with the order for a fiveyear period. Part III requires
dissemination of the order now and in
the future to persons with
responsibilities relating to the subject
PO 00000
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Fmt 4703
Sfmt 4703
matter of the order. Part IV ensures
notification to the FTC of changes in
corporate status. Part V mandates that
Progressive Gaitways submit an initial
compliance report to the FTC, and make
available to the FTC subsequent reports.
Part VI is a provision ‘‘sunsetting’’ the
order after twenty (20) years, with
certain exceptions.
The purpose of the analysis is to
facilitate public comment on the
proposed order. It is not intended to
constitute an official interpretation of
the agreement and proposed order or to
modify in any way their terms.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E9–24993 Filed 10–15–09; 8:45 am]
BILLING CODE 6750–01–S
FEDERAL TRADE COMMISSION
[File No. 092 3138]
ExpatEdge Partners LLC; Analysis of
Proposed Consent Orders To Aid
Public Comment
Federal Trade Commission.
Proposed consent agreement.
AGENCY:
ACTION:
SUMMARY: The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices or unfair
methods of competition. The attached
Analysis to Aid Public Comment
describes both the allegations in the
draft complaint and the terms of the
consent order — embodied in the
consent agreement — that would settle
these allegations.
DATES: Comments must be received on
or before November 5, 2009.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘ExpatEdge,
File No. 092 3138’’ to facilitate the
organization of comments. Please note
that your comment — including your
name and your state — will be placed
on the public record of this proceeding,
including on the publicly accessible
FTC website, at (https://www.ftc.gov/os/
publiccomments.shtm).
Because comments will be made
public, they should not include any
sensitive personal information, such as
an individual’s Social Security Number;
date of birth; driver’s license number or
other state identification number, or
foreign country equivalent; passport
number; financial account number; or
credit or debit card number. Comments
also should not include any sensitive
health information, such as medical
E:\FR\FM\16OCN1.SGM
16OCN1
Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
records or other individually
identifiable health information. In
addition, comments should not include
any ‘‘[t]rade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential . . . .,’’ as provided in
Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and Commission Rule 4.10(a)(2),
16 CFR 4.10(a)(2). Comments containing
material for which confidential
treatment is requested must be filed in
paper form, must be clearly labeled
‘‘Confidential,’’ and must comply with
FTC Rule 4.9(c), 16 CFR 4.9(c).1
Because paper mail addressed to the
FTC is subject to delay due to
heightened security screening, please
consider submitting your comments in
electronic form. Comments filed in
electronic form should be submitted by
using the following weblink: (https://
public.commentworks.com/ftc/
expatedge) and following the
instructions on the web-based form. To
ensure that the Commission considers
an electronic comment, you must file it
on the web-based form at the weblink:
(https://public.commentworks.com/ftc/
expatedge). If this Notice appears at
(https://www.regulations.gov/search/
index.jsp), you may also file an
electronic comment through that
website. The Commission will consider
all comments that regulations.gov
forwards to it. You may also visit the
FTC website at (https://www.ftc.gov/) to
read the Notice and the news release
describing it.
A comment filed in paper form
should include the ‘‘ExpatEdge, File No.
092 3138’’ reference both in the text and
on the envelope, and should be mailed
or delivered to the following address:
Federal Trade Commission, Office of the
Secretary, Room H-135 (Annex D), 600
Pennsylvania Avenue, NW, Washington,
DC 20580. The FTC is requesting that
any comment filed in paper form be sent
by courier or overnight service, if
possible, because U.S. postal mail in the
Washington area and at the Commission
is subject to delay due to heightened
security precautions.
The Federal Trade Commission Act
(‘‘FTC Act’’) and other laws the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
1 The comment must be accompanied by an
explicit request for confidential treatment,
including the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record.
The request will be granted or denied by the
Commission’s General Counsel, consistent with
applicable law and the public interest. See FTC
Rule 4.9(c), 16 CFR 4.9(c).
VerDate Nov<24>2008
16:37 Oct 15, 2009
Jkt 220001
consider all timely and responsive
public comments that it receives,
whether filed in paper or electronic
form. Comments received will be
available to the public on the FTC
website, to the extent practicable, at
(https://www.ftc.gov/os/
publiccomments.shtm). As a matter of
discretion, the Commission makes every
effort to remove home contact
information for individuals from the
public comments it receives before
placing those comments on the FTC
website. More information, including
routine uses permitted by the Privacy
Act, may be found in the FTC’s privacy
policy, at (https://www.ftc.gov/ftc/
privacy.shtm).
FOR FURTHER INFORMATION CONTACT:
Molly Crawford (202-326-3076) or Katie
´
Ratte (202-326-3514), Bureau of
Consumer Protection, 600 Pennsylvania
Avenue, NW, Washington, D.C. 20580.
SUPPLEMENTARY INFORMATION: Pursuant
to section 6(f) of the Federal Trade
Commission Act, 38 Stat. 721, 15 U.S.C.
46(f), and § 2.34 the Commission Rules
of Practice, 16 CFR 2.34, notice is
hereby given that the above-captioned
consent agreement containing a consent
order to cease and desist, having been
filed with and accepted, subject to final
approval, by the Commission, has been
placed on the public record for a period
of thirty (30) days. The following
Analysis to Aid Public Comment
describes the terms of the consent
agreement, and the allegations in the
complaint. An electronic copy of the
full text of the consent agreement
package can be obtained from the FTC
Home Page (for October 6, 2009), on the
World Wide Web, at (https://
www.ftc.gov/os/actions.shtm). A paper
copy can be obtained from the FTC
Public Reference Room, Room 130-H,
600 Pennsylvania Avenue, NW,
Washington, D.C. 20580, either in
person or by calling (202) 326-2222.
Public comments are invited, and may
be filed with the Commission in either
paper or electronic form. All comments
should be filed as prescribed in the
ADDRESSES section above, and must be
received on or before the date specified
in the DATES section.
Analysis of Agreement Containing
Consent Order To Aid Public Comment
The Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) has accepted,
subject to final approval, a consent
agreement from ExpatEdge Partners LLC
(‘‘ExpatEdge’’).
The proposed consent order has been
placed on the public record for thirty
(30) days for receipt of comments by
interested persons. Comments received
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
53251
during this period will become part of
the public record. After thirty (30) days,
the Commission will again review the
agreement and the comments received,
and will decide whether it should
withdraw from the agreement and take
appropriate action or make final the
agreement’s proposed order.
This matter concerns alleged false or
misleading representations that
ExpatEdge made to consumers
concerning its participation in the Safe
Harbor privacy framework (‘‘Safe
Harbor’’) agreed upon by the U.S. and
the European Union (‘‘EU’’). It is among
the Commission’s first cases to
challenge deceptive claims about the
Safe Harbor. The Safe Harbor provides
a mechanism for U.S. companies to
transfer data outside the EU consistent
with European law. To join the Safe
Harbor, a company must self-certify to
the U.S. Department of Commerce
(‘‘Commerce’’) that it complies with
seven principles and related
requirements. Commerce maintains a
public website, (www.export.gov/
safeharbor), where it posts the names of
companies that have self-certified to the
Safe Harbor. The listing of companies
indicates whether their self-certification
is ‘‘current’’ or ‘‘not current.’’
Companies are required to re-certify
every year in order to retain their status
as ‘‘current’’ members of the Safe Harbor
framework.
ExpatEdge provides software and
consulting services to businesses that
offer ‘‘expatriate’’ programs to manage
tax and payroll issues for employees
that work outside their country of
residence, including through a website
(www.expatedge.com). According to the
Commission’s complaint, from at least
December 2002 until July 2009,
ExpatEdge has set forth on its website
privacy policies and statements about
its practices, including statements that it
is a current participant in the Safe
Harbor.
The Commission’s complaint alleges
that until July 2009, ExpatEdge falsely
represented that it was a current
participant in the Safe Harbor when, in
fact, ExpatEdge has not been a current
participant in the Safe Harbor since
November 2006. The Commission’s
complaint alleges that in November
2002, ExpatEdge submitted to
Commerce a self-certification to the Safe
Harbor, which it renewed in November
2003, November 2004, and November
2005. ExpatEdge did not renew its selfcertification to the Safe Harbor in
November 2006, and Commerce
updated its status to ‘‘not current’’ on
the Commerce public website. To date,
ExpatEdge has not renewed its selfcertification to the Safe Harbor and
E:\FR\FM\16OCN1.SGM
16OCN1
53252
Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices
remains in ‘‘not current’’ status on
Commerce’s website.
The proposed order applies to
ExpatEdge’s representations about its
membership in any privacy, security, or
any other compliance program
sponsored by the government or any
other third party. It contains provisions
designed to prevent ExpatEdge from
engaging in the future in practices
similar to those alleged in the
complaint.
Part I of the proposed order prohibits
ExpatEdge from making
misrepresentations about its
membership in any privacy, security, or
any other compliance program
sponsored by the government or any
other third party.
Parts II through VI of the proposed
order are reporting and compliance
provisions. Part II requires ExpatEdge to
retain documents relating to its
compliance with the order for a fiveyear period. Part III requires
dissemination of the order now and in
the future to persons with
responsibilities relating to the subject
matter of the order. Part IV ensures
notification to the FTC of changes in
corporate status. Part V mandates that
ExpatEdge submit an initial compliance
report to the FTC, and make available to
the FTC subsequent reports. Part VI is
a provision ‘‘sunsetting’’ the order after
twenty (20) years, with certain
exceptions.
The purpose of the analysis is to
facilitate public comment on the
proposed order. It is not intended to
constitute an official interpretation of
the agreement and proposed order or to
modify in any way their terms.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E9–24997 Filed 10–15–09; 8:45 am]
BILLING CODE 6750–01–S
FEDERAL TRADE COMMISSION
[Docket No. 9338]
Carilion Clinic; Analysis of Agreement
Containing Consent Orders To Aid
Public Comment
Federal Trade Commission.
Proposed consent agreement.
AGENCY:
jlentini on DSKJ8SOYB1PROD with NOTICES
ACTION:
SUMMARY: The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices or unfair
methods of competition. The attached
Analysis to Aid Public Comment
describes both the allegations in the
complaint and the terms of the consent
VerDate Nov<24>2008
16:37 Oct 15, 2009
Jkt 220001
order — embodied in the consent
agreement — that would settle these
allegations.
DATES: Comments must be received on
or before November 6, 2009.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘Carilion
Clinic, Docket No. 9338’’ to facilitate the
organization of comments. Please note
that your comment — including your
name and your state — will be placed
on the public record of this proceeding,
including on the publicly accessible
FTC website, at (https://www.ftc.gov/os/
publiccomments.shtm).
Because comments will be made
public, they should not include any
sensitive personal information, such as
an individual’s Social Security Number;
date of birth; driver’s license number or
other state identification number, or
foreign country equivalent; passport
number; financial account number; or
credit or debit card number. Comments
also should not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, comments should not include
any ‘‘[t]rade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential . . . .,’’ as provided in
Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and Commission Rule 4.10(a)(2),
16 CFR 4.10(a)(2). Comments containing
material for which confidential
treatment is requested must be filed in
paper form, must be clearly labeled
‘‘Confidential,’’ and must comply with
FTC Rule 4.9(c), 16 CFR 4.9(c).1
Because paper mail addressed to the
FTC is subject to delay due to
heightened security screening, please
consider submitting your comments in
electronic form. Comments filed in
electronic form should be submitted by
using the following weblink: (https://
public.commentworks.com/ftc/
carilionclinic) and following the
instructions on the web-based form. To
ensure that the Commission considers
an electronic comment, you must file it
on the web-based form at the (https://
public.commentworks.com/ftc/
carilionclinic.). If this Notice appears at
(https://www.regulations.gov/search/
index.jsp), you may also file an
1 The comment must be accompanied by an
explicit request for confidential treatment,
including the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record.
The request will be granted or denied by the
Commission’s General Counsel, consistent with
applicable law and the public interest. See FTC
Rule 4.9(c), 16 CFR 4.9(c).
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
electronic comment through that
website. The Commission will consider
all comments that regulations.gov
forwards to it. You may also visit the
FTC website at (https://www.ftc.gov/) to
read the Notice and the news release
describing it.
A comment filed in paper form
should include the ‘‘Carilion, Docket
No. 9338’’ reference both in the text and
on the envelope, and should be mailed
or delivered to the following address:
Federal Trade Commission, Office of the
Secretary, Room H-135 (Annex D), 600
Pennsylvania Avenue, NW, Washington,
DC 20580. The FTC is requesting that
any comment filed in paper form be sent
by courier or overnight service, if
possible, because U.S. postal mail in the
Washington area and at the Commission
is subject to delay due to heightened
security precautions.
The Federal Trade Commission Act
(‘‘FTC Act’’) and other laws the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives,
whether filed in paper or electronic
form. Comments received will be
available to the public on the FTC
website, to the extent practicable, at
(https://www.ftc.gov/os/
publiccomments.shtm). As a matter of
discretion, the Commission makes every
effort to remove home contact
information for individuals from the
public comments it receives before
placing those comments on the FTC
website. More information, including
routine uses permitted by the Privacy
Act, may be found in the FTC’s privacy
policy, at (https://www.ftc.gov/ftc/
privacy.shtm).
FOR FURTHER INFORMATION CONTACT:
Jeffrey Perry, Bureau of Competition,
600 Pennsylvania Avenue, NW,
Washington, D.C. 20580, (202) 3262331.
SUPPLEMENTARY INFORMATION: Pursuant
to section 6(f) of the Federal Trade
Commission Act, 38 Stat. 721, 15 U.S.C.
46(f), and § 3.25(f) the Commission
Rules of Practice, 16 CFR 3.25(f), notice
is hereby given that the above-captioned
consent agreement containing a consent
order to cease and desist, having been
filed with and accepted, subject to final
approval, by the Commission, has been
placed on the public record for a period
of thirty (30) days. The following
Analysis to Aid Public Comment
describes the terms of the consent
agreement, and the allegations in the
complaint. An electronic copy of the
full text of the consent agreement
E:\FR\FM\16OCN1.SGM
16OCN1
]]>Agencies
[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Notices]
[Pages 53250-53252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24997]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 092 3138]
ExpatEdge Partners LLC; Analysis of Proposed Consent Orders To
Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement.
-----------------------------------------------------------------------
SUMMARY: The consent agreement in this matter settles alleged
violations of federal law prohibiting unfair or deceptive acts or
practices or unfair methods of competition. The attached Analysis to
Aid Public Comment describes both the allegations in the draft
complaint and the terms of the consent order -- embodied in the consent
agreement -- that would settle these allegations.
DATES: Comments must be received on or before November 5, 2009.
ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form. Comments should refer to ``ExpatEdge,
File No. 092 3138'' to facilitate the organization of comments. Please
note that your comment -- including your name and your state -- will be
placed on the public record of this proceeding, including on the
publicly accessible FTC website, at (https://www.ftc.gov/os/publiccomments.shtm).
Because comments will be made public, they should not include any
sensitive personal information, such as an individual's Social Security
Number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. Comments also
should not include any sensitive health information, such as medical
[[Page 53251]]
records or other individually identifiable health information. In
addition, comments should not include any ``[t]rade secret or any
commercial or financial information which is obtained from any person
and which is privileged or confidential . . . .,'' as provided in
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and Commission Rule
4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing material for which
confidential treatment is requested must be filed in paper form, must
be clearly labeled ``Confidential,'' and must comply with FTC Rule
4.9(c), 16 CFR 4.9(c).\1\
---------------------------------------------------------------------------
\1\ The comment must be accompanied by an explicit request for
confidential treatment, including the factual and legal basis for
the request, and must identify the specific portions of the comment
to be withheld from the public record. The request will be granted
or denied by the Commission's General Counsel, consistent with
applicable law and the public interest. See FTC Rule 4.9(c), 16 CFR
4.9(c).
---------------------------------------------------------------------------
Because paper mail addressed to the FTC is subject to delay due to
heightened security screening, please consider submitting your comments
in electronic form. Comments filed in electronic form should be
submitted by using the following weblink: (https://public.commentworks.com/ftc/expatedge) and following the instructions
on the web-based form. To ensure that the Commission considers an
electronic comment, you must file it on the web-based form at the
weblink: (https://public.commentworks.com/ftc/expatedge). If this
Notice appears at (https://www.regulations.gov/search/index.jsp), you
may also file an electronic comment through that website. The
Commission will consider all comments that regulations.gov forwards to
it. You may also visit the FTC website at (https://www.ftc.gov/) to read
the Notice and the news release describing it.
A comment filed in paper form should include the ``ExpatEdge, File
No. 092 3138'' reference both in the text and on the envelope, and
should be mailed or delivered to the following address: Federal Trade
Commission, Office of the Secretary, Room H-135 (Annex D), 600
Pennsylvania Avenue, NW, Washington, DC 20580. The FTC is requesting
that any comment filed in paper form be sent by courier or overnight
service, if possible, because U.S. postal mail in the Washington area
and at the Commission is subject to delay due to heightened security
precautions.
The Federal Trade Commission Act (``FTC Act'') and other laws the
Commission administers permit the collection of public comments to
consider and use in this proceeding as appropriate. The Commission will
consider all timely and responsive public comments that it receives,
whether filed in paper or electronic form. Comments received will be
available to the public on the FTC website, to the extent practicable,
at (https://www.ftc.gov/os/publiccomments.shtm). As a matter of
discretion, the Commission makes every effort to remove home contact
information for individuals from the public comments it receives before
placing those comments on the FTC website. More information, including
routine uses permitted by the Privacy Act, may be found in the FTC's
privacy policy, at (https://www.ftc.gov/ftc/privacy.shtm).
FOR FURTHER INFORMATION CONTACT: Molly Crawford (202-326-3076) or Katie
Ratt[eacute] (202-326-3514), Bureau of Consumer Protection, 600
Pennsylvania Avenue, NW, Washington, D.C. 20580.
SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec. 2.34 the
Commission Rules of Practice, 16 CFR 2.34, notice is hereby given that
the above-captioned consent agreement containing a consent order to
cease and desist, having been filed with and accepted, subject to final
approval, by the Commission, has been placed on the public record for a
period of thirty (30) days. The following Analysis to Aid Public
Comment describes the terms of the consent agreement, and the
allegations in the complaint. An electronic copy of the full text of
the consent agreement package can be obtained from the FTC Home Page
(for October 6, 2009), on the World Wide Web, at (https://www.ftc.gov/os/actions.shtm). A paper copy can be obtained from the FTC Public
Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW, Washington,
D.C. 20580, either in person or by calling (202) 326-2222.
Public comments are invited, and may be filed with the Commission
in either paper or electronic form. All comments should be filed as
prescribed in the ADDRESSES section above, and must be received on or
before the date specified in the DATES section.
Analysis of Agreement Containing Consent Order To Aid Public Comment
The Federal Trade Commission (``FTC'' or ``Commission'') has
accepted, subject to final approval, a consent agreement from ExpatEdge
Partners LLC (``ExpatEdge'').
The proposed consent order has been placed on the public record for
thirty (30) days for receipt of comments by interested persons.
Comments received during this period will become part of the public
record. After thirty (30) days, the Commission will again review the
agreement and the comments received, and will decide whether it should
withdraw from the agreement and take appropriate action or make final
the agreement's proposed order.
This matter concerns alleged false or misleading representations
that ExpatEdge made to consumers concerning its participation in the
Safe Harbor privacy framework (``Safe Harbor'') agreed upon by the U.S.
and the European Union (``EU''). It is among the Commission's first
cases to challenge deceptive claims about the Safe Harbor. The Safe
Harbor provides a mechanism for U.S. companies to transfer data outside
the EU consistent with European law. To join the Safe Harbor, a company
must self-certify to the U.S. Department of Commerce (``Commerce'')
that it complies with seven principles and related requirements.
Commerce maintains a public website, (www.export.gov/safeharbor), where
it posts the names of companies that have self-certified to the Safe
Harbor. The listing of companies indicates whether their self-
certification is ``current'' or ``not current.'' Companies are required
to re-certify every year in order to retain their status as ``current''
members of the Safe Harbor framework.
ExpatEdge provides software and consulting services to businesses
that offer ``expatriate'' programs to manage tax and payroll issues for
employees that work outside their country of residence, including
through a website (www.expatedge.com). According to the Commission's
complaint, from at least December 2002 until July 2009, ExpatEdge has
set forth on its website privacy policies and statements about its
practices, including statements that it is a current participant in the
Safe Harbor.
The Commission's complaint alleges that until July 2009, ExpatEdge
falsely represented that it was a current participant in the Safe
Harbor when, in fact, ExpatEdge has not been a current participant in
the Safe Harbor since November 2006. The Commission's complaint alleges
that in November 2002, ExpatEdge submitted to Commerce a self-
certification to the Safe Harbor, which it renewed in November 2003,
November 2004, and November 2005. ExpatEdge did not renew its self-
certification to the Safe Harbor in November 2006, and Commerce updated
its status to ``not current'' on the Commerce public website. To date,
ExpatEdge has not renewed its self-certification to the Safe Harbor and
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remains in ``not current'' status on Commerce's website.
The proposed order applies to ExpatEdge's representations about its
membership in any privacy, security, or any other compliance program
sponsored by the government or any other third party. It contains
provisions designed to prevent ExpatEdge from engaging in the future in
practices similar to those alleged in the complaint.
Part I of the proposed order prohibits ExpatEdge from making
misrepresentations about its membership in any privacy, security, or
any other compliance program sponsored by the government or any other
third party.
Parts II through VI of the proposed order are reporting and
compliance provisions. Part II requires ExpatEdge to retain documents
relating to its compliance with the order for a five-year period. Part
III requires dissemination of the order now and in the future to
persons with responsibilities relating to the subject matter of the
order. Part IV ensures notification to the FTC of changes in corporate
status. Part V mandates that ExpatEdge submit an initial compliance
report to the FTC, and make available to the FTC subsequent reports.
Part VI is a provision ``sunsetting'' the order after twenty (20)
years, with certain exceptions.
The purpose of the analysis is to facilitate public comment on the
proposed order. It is not intended to constitute an official
interpretation of the agreement and proposed order or to modify in any
way their terms.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E9-24997 Filed 10-15-09; 8:45 am]
BILLING CODE 6750-01-S
