Occupational Licensing Industry News OLIN 2009–18

Dismantler Licensing Requirements

New Legislation

Legislation effective January 1, 2010, requires the department to ensure persons applying for an auto dismantler license in California meet environmental protection and tax payment requirements.

Procedures

Applicants applying for an original auto dismantler’s license must include the following information with their application, if required by law:
•
Board of Equalization resale permit number
•
Franchise Tax Board tax identification number
•
California Environmental Protection Agency identification number
•
Storm water permit number
•
Hazardous materials business plan

NOTE: Beginning on January 1, 2011, the above requirements will also apply to dismantler renewal applications.

Background

Dismantlers store vehicles with potentially hazardous materials. This bill will increase the department’s licensing authority to confirm an applicant complies with California environmental protection requirements and tax obligations.

Distribution

Notification that this memo is available online at

dmv.ca.gov/pubs/olin/olin.htm

was made via E-mail Alert Service in November 2009 to dismantlers.

Contact

Questions regarding this memo may be directed to the Occupational Licensing Operations Unit at (916) 229-3126.

MARY GARCIA,

Chief Occupational Licensing

California DMV

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Shelby Super Cars

Posted by turnip

Company:	Shelby Super Cars
Brands:	Ultimate Aero EV
Pricing:	Unknown (Q4 2009)
Range:	150-200 miles on one charge
Speed:	208 mph
Batteries:	Unknown Battery Type

Shelby Super Car’s Aero was already the worlds fastest gas powered production car.  As the company behind the Ultimate Aero EV, they also hold the title of the worlds fastest electric powered production car.  Featuring twin motors producing a 1,000 HP and 800 lb-ft of torque enabling, it travels 0 to 60 mph in a snappy 2.5 seconds and reaches a top speed of 208 mph.  Tesla who?

If you need to ask how much this car will cost, you probably can’t afford it.  So what is the point?  The point is that this 100% Green supercar becomes a billboard to showcase Shelby’s Green powertrain.  This scalable electric power technology has uses ranging from economy and luxury cars, all the way up to trucks and buses.   Their SSC’s “Charge on the Run^TM” onboard charging system allows for 10 minute full battery recharges on a 220V service.

As great as this charging system sounds, it’s still a far cry from what was mentioned in their July 2008 press release:

The drive train under development will feature a revolutionary power source allowing for extended time between charging intervals with the possibility of several years between charging.

Other than not driving it during that time period, or having some passive charging system like solar, I can’t imagine what their original plans were.  Mini nuclear reactors?  Still, a another system proposed for electric cars travelling any distance above 40 miles.

The more companies providing competition in the electric vehicle market, the better.  Innovation across the board will propel electric vehicles into the mainstream, particulary in the area of battery and charging technology.  Call me a skeptic, but I don’t put much trust in the car/oil industries producing real alternative products any time soon without being forced into it.  They’ll all have something to display at the autoshows, but good luck actually being able to purchase one at a reasonable price.

Parking Meter

Chargers For Electric Cars

Coulomb Technologies knows mainstream auto manufacturers have plans to begin selling electric cars by 2010.  Consumers will need a place to park their vehicles.  Currently there is little if any infrastructure design with electric vehicles in mind, but Coulomb plans to solve that problem with their smart charging infrastructure for plug-in vehicles.  Electric car owners who park next to one of Coulomb’s ChargePoint Network meters will be able to charge their cars while they sleep, shop, work or eat.

This is a great idea for those who rent an apartment and don’t have their own garage or driveway.  Forget the idea of long extension cords.  Coulomb envisions a system where vehicle owners subscribe to a monthly service.  They would receive a key fob allowing them to park at any available meter.  Below is how Coulomb describes a typical user experience:

The subscriber will use a navigation system to find the nearest available charging station. He will park the vehicle next to the Smartlet Charging Station. For 110V charging, the subscriber will swipe a key fob to be authenticated at the station, unlocking the Smartlet access door. After plugging in the cord, the door will lock in a partially open position to secure the cord and begin charging. After charging is complete, the subscriber will scan the key fob again to deactivate the charging station and unlock the access door. The cost of the transaction will be displayed on the charging station. The driver will replace the cord into its original position and can then drive away.

Not everyone who charges their car will need to subscribe.  For example, if you rent an electric vehicle, you could make a one time charge payment using a cell phone or credit card to charge a car.  Some businesses may offer free charging/parking to entice customers.  Employers mighty offer charger parking to their employees as a benefit.  Condominium communities could include ChargePoint Network fees with their monthly dues.  Since the system uses bi-directional communication, you would only be charged for the electricity used.

The question becomes one of standardization.  All electric vehicles will need to use the same 110v/220v recepticle .   Just as there is a choice of unleaded or diesel gasoline, there needs to be electrical standards as well.  What will happen to those who want to park a non-electric car or have their own portable solar charging kit?  Will they be left to fight for the free spots at the mall?

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FTC Extends Enforcement Deadline for Identity Theft Red Flags Rule

At the request of Members of Congress, the Federal Trade Commission is delaying enforcement of the “Red Flags” Rule until June 1, 2010, for financial institutions and creditors subject to enforcement by the FTC.

CAR DEALERS WILL HAVE UNTIL JUNE 1, 2010

TO MEET RED FLAG RULES COMPLIANCE
The Rule was promulgated under the Fair and Accurate Credit Transactions Act, in which Congress directed the Commission and other agencies to develop regulations requiring “creditors” and “financial institutions” to address the risk of identity theft. The resulting Red Flags Rule requires all such entities that have “covered accounts” to develop and implement written identity theft prevention programs to help identify, detect, and respond to patterns, practices, or specific activities – known as “red flags” – that could indicate identity theft.<br>

The Commission previously delayed the enforcement of the Rule for entities under its jurisdiction until November 1, 2009. The Commission staff has continued to provide guidance to entities within its jurisdiction, both through materials posted on the dedicated Red Flags Rule Web site (www.ftc.gov/redflagsrule), and in speeches and participation in seminars, conferences and other training events to numerous groups. The Commission also published a compliance guide for business, and created a template that enables low risk entities to create an identity theft program with an easy-to-use online form. FTC staff has published numerous general and industry-specific articles, released a video explaining the Rule, and continues to respond to inquiries from the public. To assist further with compliance, FTC staff has worked with a number of trade associations that have chosen to develop model policies or specialized guidance for their members.
On October 30, 2009, the U.S. District Court for the District of Columbia ruled that the FTC may not apply the Red Flags Rule to attorneys. Today’s announcement that the Commission will delay enforcement of the Rule until June 1, 2010, does not affect the separate timeline of that proceeding and any possible appeals. Nor does it affect other federal agencies’ ongoing enforcement for financial institutions and creditors subject to their oversight.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.
MEDIA CONTACT:
Office of Public Affairs
202-326-2180

http://www.ftc.gov/opa/2009/10/redflags.shtm
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Birth of the internet

CBC News

The internet was originally conceived for the U.S. military as a means of allowing a community of computers to share information over distance. It’s generally accepted that its later development was spurred on as much for research purposes as for military applications.

The body in charge of setting up the network was the Advanced Research Projects Agency (ARPA). In 1967, ARPA enlisted the help of the Stanford Research Institute in Menlo Park, Calif., to design the system. Within a year, Stanford researchers had designed a framework, which ARPA contracted out for implementation.

The first two nodes were installed at UCLA and Stanford Research Institute in August of 1969, but it wasn’t until two months later that the machines made first contact.

On October 29, 1969, at 10:30 p.m., UCLA engineering professor Leonard Kleinrock and student Charley Kline attempted to send a message from one Honeywell computer to a similar unit 600 kilometres away at Stanford Research Institute in Palo Alto. The connection speed was 50 kb/s.

The first message was supposed to be the word “login,” but the system crashed as they typed in the letter “g.” The first message, then, was “lo.” Although it was a bumpy – if not prophetic – beginning, the researchers were able to complete the message one hour later.

And so the ARPANET (the term internet was not coined until 1982) was born.

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Portugal, Mark

happy birthday porch

From Astro-Databank

 

Mark Portugal
natal chart (Placidus)
natal chart English style (Equal houses)

Name	Portugal, Mark Gender: M
Birthname	Portugal, Mark Steven
born on	30 October 1962 at 07:45 (= 07:45 AM )
Place	Los Angeles CA, USA, 34n03, 118w14
Timezone	PST h8w (is standard time)
Data source	From memory Rodden Rating A
Astrology data	06°44′ 00°13 Asc. 25°18′

Biography

American pro baseball pitcher who has played on the American League for four years and the National League for nine years as of 1998. Portugal was signed as a non-drafted free agent by the Minnesota Twins organization 10/23/1980, right out of high school. Playing solid for five years, he was placed on the disabled list, August 1985 and in 1988. He was then traded to the Houston Astros 12/04/1988 and has since played with the San Francisco Giants, Cincinnati Reds and the Philadelphia Phillies 12/12/1996. Portugal was honored with pitcher on The Sporting News N.L. Silver Slugger team in 1994, appeared in one game as a pinch-runner, 1991, had one sacrifice hit in his only appearance as a pinch-hitter in 1981 and pitched in the Championship Series games of 1995. At 6’0″, 190 lbs., he throws right and bats right.

Link to Wikipedia biography

Events

• Work : Contracts, agreements 23 October 1980 (Signed with the Minnesota Twins)

• Health : Job related injury August 1985 (Placed on the disabled list)

• Health : Job related injury 1988 (Disabled list)

• Work : Contracts, agreements 4 December 1988 (Singed with the Houston Astros)

• Work : Contracts, agreements 12 December 1996 (Signed with the Philadelphia Phillies)

• Work : Prize 1994 (The Sporting News Silver Slugger team pitcher)

• Work : New Job 1991 (One appearance as a pinch-runner)

• Work : New Job 1996 (One appearance as a pinch-hitter)

• Work : Gain social status 1995 (Pitched in Championship Series game)

Categories

• Notable : Awards : Vocational award (Pitching award)

• Vocation : Sports : Baseball (Pro, pitcher)

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Halloween

From Wikipedia, the free encyclopedia

Halloween
Jack-o’-lantern
Also called	All Hallows’ Eve All Saints’ Eve
Observed by	Numerous Western countries (see article)
Type	Secular, with roots in Christian and Celtic tradition
Begins	Sunset
Ends	Midnight
Date	October 31
Celebrations	Costume parties, trick-or-treating in costumes, bonfires, divination
Related to	Samhain, All Saints’ Day

Halloween (also spelled Hallowe’en) is an annual holiday celebrated on October 31. It has roots in the Celtic festival of Samhain and the Christian holy day of All Saints. It is largely a secular celebration but some have expressed strong feelings about perceived religious overtones.^[1][2][3]

The day is often associated with the colors black and orange, and is strongly associated with symbols like the jack-o’-lantern. Halloween activities include trick-or-treating, wearing costumes and attending costume parties, ghost tours, bonfires, visiting haunted attractions, pranks, telling scary stories, and watching horror films.

//

History

Halloween has origins in the ancient festival known as Samhain (pronounced sow-in or sau-an),^[4][5] which is derived from Old Irish and means roughly “summer’s end”.^[5] This was a Gaelic festival celebrated mainly in Ireland and Scotland. However, similar festivals were held by other Celts – for example the festival of Calan Gaeaf (pronounced kalan-geyf) which was held by the ancient Britons.

 

Snap-Apple Night by Daniel Maclise showing a Halloween party in Blarney, Ireland, in 1832. The young children on the right bob for apples. A couple in the center play a variant, which involves retrieving an apple hanging from a string. The couples at left play divination games.

The festival of Samhain celebrates the end of the “lighter half” of the year and beginning of the “darker half”, and is sometimes^[6] regarded as the “Celtic New Year”.^[7]

The celebration has some elements of a festival of the dead. The ancient Celts believed that the border between this world and the Otherworld became thin on Samhain, allowing spirits (both harmless and harmful) to pass through. The family’s ancestors were honoured and invited home whilst harmful spirits were warded off. It is believed that the need to ward off harmful spirits led to the wearing of costumes and masks. Their purpose was to disguise oneself as a harmful spirit and thus avoid harm. In Scotland the spirits were impersonated by young men dressed in white with masked, veiled or blackened faces.^[8][9] Samhain was also a time to take stock of food supplies and slaughter livestock for winter stores. Bonfires played a large part in the festivities. All other fires were doused and each home lit their hearth from the bonfire. The bones of slaughtered livestock were cast into its flames.^[10] Sometimes two bonfires would be built side-by-side, and people and their livestock would walk between them as a cleansing ritual.

Another common practise was divination, which often involved the use of food and drink.

The name Halloween and many present-day traditions, derive from the Old English era.^{[11][12][13][14][15]}

Origin of name

The term Halloween, originally spelled Hallowe’en, is shortened from All Hallows’ Even – e’en is a shortening of even, which is a shortening of evening. This is ultimately derived from the Old English Eallra Hālgena ǣfen.^[16] It is now known as “Eve of” All Saints’ Day, which is November 1st.

A time of pagan festivities,^[7] Popes Gregory III (731–741) and Gregory IV (827–844) tried to supplant it with the Christian holiday (All Saints’ Day) by moving it from May 13 to November 1.

In the 800s, the Church measured the day as starting at sunset, in accordance with the Florentine calendar. Although All Saints’ Day is now considered to occur one day after Halloween, the two holidays were once celebrated on the same day.

Symbols

 

A traditional Irish halloween Jack-o’-lantern from the early 20th century on display in the Museum of Country Life, Ireland.

On All Hallows’ eve, many Irish and Scottish people have traditionally placed a candle on their western window sill to honor the departed. Other traditions include carving lanterns from turnips or rutabagas, sometimes with faces on them, as is done in the modern tradition of carving pumpkins. Welsh, Irish and British myth are full of legends of the Brazen Head, which may be a folk memory of the ancient Celtic practice of headhunting. The heads of enemies may have decorated shrines, and there are tales of the heads of honored warriors continuing to speak their wisdom after death. The name jack-o’-lantern can be traced back to the Irish legend of Stingy Jack, a greedy, gambling, hard-drinking old farmer.^[17][18] He tricked the devil into climbing a tree and trapped him by carving a cross into the tree trunk. In revenge, the devil placed a curse on Jack, condemning him to forever wander the earth at night with the only light he had: a candle inside of a hollowed turnip. The carving of pumpkins is associated with Halloween in North America where pumpkins are both readily available and much larger- making them easier to carve than turnips.^[19] Many families that celebrate Halloween carve a pumpkin into a frightening or comical face and place it on their doorstep after dark. The American tradition of carving pumpkins preceded the Great Famine period of Irish immigration^{[20][dead link]} and was originally associated with harvest time in general, not becoming specifically associated with Halloween until the mid-to-late 1800s.^{[citation needed]}

The imagery surrounding Halloween is largely a mix of the Halloween season itself, works of Gothic and horror literature, in particular novels Frankenstein and Dracula, and nearly a century of work from American filmmakers and graphic artists,^[21] and British Hammer Horror productions, also a rather commercialized take on the dark and mysterious. Modern Halloween imagery tends to involve death, evil, the occult, magic, or mythical monsters. Traditional characters include the Devil, the Grim Reaper, ghosts, ghouls, demons, witches, goblins, vampires, werewolves, zombies, skeletons, black cats, spiders, bats, and crows.^[22]

Particularly in America, symbolism is inspired by classic horror films (which contain fictional figures like Frankenstein’s monster and The Mummy). Elements of the autumn season, such as pumpkins, corn husks, and scarecrows, are also prevalent. Homes are often decorated with these types of symbols around Halloween.

The two main colors associated with Halloween are orange and black.^[23]

Trick-or-treating and guising

 

Typical Halloween scene in Dublin, Ireland.

Trick-or-treating is a customary celebration for children on Halloween. Children go in costume from house to house, asking for treats such as candy or sometimes money, with the question, “Trick or treat?” The word “trick” refers to a (mostly idle) threat to perform mischief on the homeowners or their property if no treat is given. In some parts of Ireland and Scotland children still go guising. In this custom the child performs some sort of show, i.e. sings a song or tells a ghost story, in order to earn their treats.

Costumes

Halloween costumes are traditionally those of monsters such as ghosts, skeletons, witches, and devils. They are said to be used to scare off demons. Costumes are also based on themes other than traditional horror, such as those of characters from television shows, movies, and other pop culture icons.

Costume sales

BIGresearch conducted a survey for the National Retail Federation in the United States and found that 53.3% of consumers planned to buy a costume for Halloween 2005, spending $38.11 on average (up $10 from the year before). They were also expected to spend $4.96 billion in 2006, up significantly from just $3.3 billion the previous year.^[24]

UNICEF

“Trick-or-Treat for UNICEF” has become a common sight during Halloween in North America. Started as a local event in a Philadelphia suburb in 1950 and expanded nationally in 1952, the program involves the distribution of small boxes by schools (or in modern times, corporate sponsors like Hallmark, at their licensed stores) to trick-or-treaters, in which they can solicit small-change donations from the houses they visit. It is estimated that children have collected more than $118 million (US) for UNICEF since its inception. In Canada, in 2006, UNICEF decided to discontinue their Halloween collection boxes, citing safety and administrative concerns; after consultation with schools, they instead redesigned the program.^[25][26]

Games and other activities

This section is missing citations or needs footnotes. Please help add inline citations to guard against copyright violations and factual inaccuracies. (October 2008)

 

In this Halloween greeting card from 1904, divination is depicted: the young woman looking into a mirror in a darkened room hopes to catch a glimpse of the face of her future husband.

There are several games traditionally associated with Halloween parties. One common game is dunking or apple bobbing, in which apples float in a tub or a large basin of water and the participants must use their teeth to remove an apple from the basin.^[27] A variant of dunking involves kneeling on a chair, holding a fork between the teeth and trying to drop the fork into an apple^[28]. Another common game involves hanging up treacle or syrup-coated scones by strings; these must be eaten without using hands while they remain attached to the string, an activity that inevitably leads to a very sticky face.

Some games traditionally played at Halloween are forms of divination. A traditional Irish and Scottish form of divining one’s future spouse is to carve an apple in one long strip, then toss the peel over one’s shoulder. The peel is believed to land in the shape of the first letter of the future spouse’s name.^[29] Unmarried women were told^[who?] that if they sat in a darkened room and gazed into a mirror on Halloween night, the face of their future husband would appear in the mirror. However, if they were destined to die before marriage, a skull would appear. The custom was widespread enough to be commemorated on greeting cards^[30] from the late 19th and early 20th centuries.

The telling of ghost stories and viewing of horror films are common fixtures of Halloween parties. Episodes of TV series and specials with Halloween themes (with the specials usually aimed at children) are commonly aired on or before the holiday, while new horror films, are often released theatrically before the holiday to take advantage of the atmosphere.

Haunted attractions

 

In front of “haunted house” during Halloween season, Northern California.

Haunted attractions are entertainment venues designed to thrill and scare patrons; most are seasonal Halloween businesses. Origins of these paid scare venues are difficult to pinpoint, but it is generally accepted that they were first commonly used by the Junior Chamber International (Jaycees) for fundraising.^[31] They include haunted houses, corn mazes, and hayrides,^[32] and the level of sophistication of the effects has risen as the industry has grown. Haunted attractions in the United States bring in an estimate $300–500 million each year, and draw some 400,000 customers, although trends suggest a peak in 2005^[31]. This increase in interest has led to more highly technical special effects and costuming that is comparable with that in Hollywood films.^[33]

Foods

 

Candy apple

Because the holiday comes in the wake of the annual apple harvest, candy apples (known as toffee apples outside North America), caramel or taffy apples are a common Halloween treat made by rolling whole apples in a sticky sugar syrup, sometimes followed by rolling them in nuts.

At one time, candy apples were commonly given to children, but the practice rapidly waned in the wake of widespread rumors that some individuals were embedding items like pins and razor blades in the apples.^[34] While there is evidence of such incidents,^[35] they are quite rare and have never resulted in serious injury. Nonetheless, many parents assumed that such heinous practices were rampant. At the peak of the hysteria, some hospitals offered free x-rays of children’s Halloween hauls in order to find evidence of tampering. Virtually all of the few known candy poisoning incidents involved parents who poisoned their own children’s candy, and there have been occasional reports of children putting needles in their own (and other children’s) candy in need of a bit of attention.^{[citation needed]}

One custom that persists in modern-day Ireland is the baking (or more often nowadays, the purchase) of a barmbrack (Irish: báirín breac), which is a light fruitcake, into which a plain ring, a coin and other charms are placed before baking. It is said that those who get a ring will find their true love in the ensuing year. This is similar to the tradition of king cake at the festival of Epiphany.

List of foods associated with the holiday:

• Barmbrack (Ireland)
• Bonfire toffee (Britain)
• Candy apples
• Candy corn (North America)
• Caramel apples
• Caramel corn
• Colcannon (Ireland)
• Pumpkin, pumpkin pie, pumpkin bread
• Roasted pumpkin seeds
• Roasted sweet corn
• Soul cakes
• Novelty candy shaped like skulls, pumpkins, bats, worms, etc.

Around the world

With its roots in Celtic cultures, Halloween is not celebrated in all countries and regions of the world, and among those that do the traditions and importance of the celebration vary significantly. Celebration in the United States has had a significant impact on how the holiday is observed in other nations. The history of Halloween traditions in a given country also lends context to how it is presently celebrated.

Religious perspectives

 

A natural Halloween decoration in Muir Woods National Monument

In North America, Christian attitudes towards Halloween are quite diverse. In the Anglican Church, some dioceses have chosen to emphasize the Christian traditions of All Saints’ Day,^[36][37] while some other Protestants celebrate the holiday as Reformation Day, a day to remember the Protestant Reformation.^[38][39]

Many Christians ascribe no negative significance to Halloween, treating it as a purely secular holiday devoted to celebrating “imaginary spooks” and handing out candy. Halloween celebrations are common among Roman Catholic parochial schools throughout North America and in Ireland. In fact, the Roman Catholic Church sees Halloween as having a Christian connection.^[40] Father Gabriele Amorth, a Vatican-appointed exorcist in Rome, has said, “[I]f English and American children like to dress up as witches and devils on one night of the year that is not a problem. If it is just a game, there is no harm in that.”^[1]

Most Christians hold the view that the tradition is far from being “satanic” in origin or practice and that it holds no threat to the spiritual lives of children: being taught about death and mortality, and the ways of the Celtic ancestors actually being a valuable life lesson and a part of many of their parishioners’ heritage.^[41] Other Christians feel concerned about Halloween, and reject the holiday because they believe it trivializes (and celebrates) “the occult” and what they perceive as evil.^[2] A response among some fundamentalists in recent years has been the use of Hell houses or themed pamphlets (such as those of Jack T. Chick) which attempt to make use of Halloween as an opportunity for evangelism.^{[42][dead link]}

Some consider Halloween to be completely incompatible with the Christian faith^[43] due to its origin as a pagan “Festival of the Dead.” In more recent years, the Roman Catholic Archdiocese of Boston has organized a “Saint Fest” on the holiday.^[42] Many contemporary Protestant churches view Halloween as a fun event for children, holding events in their churches where children and their parents can dress up, play games, and get candy. Jehovah’s Witnesses do not celebrate Halloween for they believe anything that originated from a pagan holiday should not be celebrated by true Christians.^[44]

Religions other than Christianity also have varied views on Halloween. Celtic Pagans consider the season a holy time of year.^[45] Celtic Reconstructionists, and others who maintain ancestral customs, make offerings to the Gods and the ancestors.^[45]

Some Wiccans feel that the tradition is offensive to “real witches” for promoting stereotypical caricatures of “wicked witches”.^[3] Traditional Judaism frowns upon the celebration of Halloween.”^[46]

In Arab countries where it is celebrated, devotion is given to St. Barbara.

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The Red Flags Rule:

Frequently Asked Questions

The Red Flags Rule requires many businesses and organizations to implement a written Identity Theft Prevention Program to detect the warning signs – or “red flags” – of identity theft in their day-to-day operations.  The staff of the Federal Trade Commission (FTC) has heard from companies across the country that are developing Programs.  Their questions – and the FTC’s answers – may help you develop a Program for your business.

These FAQs relate only to the Red Flags Rule and don’t address the applicability of other laws.  If you work for a bank, federally chartered credit union, or savings and loan, check with your federal regulatory agency for guidance.  The FAQs represent the opinions of the FTC staff, and aren’t binding on the Commission.  FTC staff will update these FAQs to address new questions from businesses.

A.  General Questions

About the Red Flags Rule

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1. Where can I find the Red Flags Rule?
2. I’m not an attorney.  Where can I find plain-language guidance on complying with the Rule?

–>

B.  Who’s Covered by the

Red Flags Rule?

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1. What types of businesses and organizations are covered by the Red Flags Rule?
2. Do all creditors and financial institutions need to have a written Identity Theft Prevention Program?
3. Is my coverage under the Red Flags Rule based on whether I pull credit reports or collect personal information like Social Security Numbers?
4. Am I a creditor because I accept certain forms of payment – say, checks, credit or debit cards, or automatic account debits – even if I don’t extend or arrange for credit myself?
5. Our clients pay a retainer before we provide services.  Although we may send an invoice for our charges, we satisfy it by drawing on the retainer.  Does this make us a creditor under the Red Flags Rule?
6. My law firm brings cases on a contingency basis.  Does this type of fee arrangement make me a creditor under the Red Flags Rule?
7. What does it mean to “regularly” extend credit?
8. Am I a creditor under the Rule if I extend credit to other businesses?
9. Do I have covered accounts if I’m a business creditor?
10. Am I a creditor if I regularly refer customers to third parties for credit?
11. I regularly arrange for the extension, renewal, or continuation of credit for my customers, so I’ve determined I’m a “creditor” under the Red Flags Rule. Do I need to have a written Identity Theft Prevention Program?
12. Our company offers individual retirement plans that allow participants to get loans from their own plan account.  Does that make us or the plan a creditor under the Rule?
13. If our company meets the definition of a “financial institution” or “creditor,” are the individual retirement accounts we make available to our employees considered “covered accounts” that must be included in our written Identity Theft Prevention Program?
14. Am I a creditor if I offer my employees health care flexible spending accounts that reimburse them for elected amounts that are more than they’ve contributed to date?  Am I a creditor if I serve as a third-party administrator that maintains those accounts for employees of other companies?
15. Are we a “financial institution” under the Red Flags Rule if we have accounts for our clients and offer a way for them to make payments or transfers to third parties with a debit card, check, or wire transfer?

–>

C.  The Red Flags Rule and

Government Agencies,

Non-Profit Organizations,

and Schools

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1. Does the Red Flags Rule apply to government agencies and non-profit organizations?
2. What about municipalities, cities, or counties that send tax bills, issue parking tickets, or impose fines?  Are they “creditors” under the Rule?
3. What if I work for a municipality, city, or county, and we’ve already determined our activities fall within the Rule’s definition of “creditor” or “financial institution”?  Do our taxes, fines, etc., become “covered accounts” under the Red Flags Rule?
4. If we provide a mandatory municipal service that a customer can’t decline – like sewage – are we considered a “creditor” under the Rule?
5. Are schools that regularly offer tuition payment plans creditors under the Rule?

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D.  Designing Your

Identity Theft Prevention Program

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1. Do creditors or financial institutions have to develop an Identity Theft Prevention Program if they already comply with data security requirements like the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLB)?
2. Does the Rule require that I have specific practices or procedures in my Program – like identifying a particular red flag or reporting suspected identity theft?
3. Does the Red Flags Rule require me to check photo IDs of my customers?  If I check photo IDs, should I keep copies?
4. Does the Red Flags Rule require that I use Social Security numbers to verify my customers’ identity?
5. How do my obligations under other laws affect the implementation of my Identity Theft Prevention Program?
6. Under what circumstances should I contact law enforcement?  Who handles identity theft?
7. Are there samples or templates to help me set up my Program?
8. Is there a Red Flags certification or accreditation that will ensure our Program complies with the Rule?
9. We’re a creditor that regularly arranges for our customers to get credit from third parties and we have covered accounts.  What should our Identity Theft Prevention Program look like?
10. Does the FTC have a sample training policy for employees?
11. What if we hire service providers?  If our business has to have a Program under the Rule, do our service providers need a Program, too?

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E.  Red Flags Rule

Compliance and Enforcement

Why are car dealers so special?

// It’s no secret insurance companies and banks have the ears of politicians. But who knew car dealers, and their lobbyists, were so powerful?

On Oct/ 22, the House Financial Services Committee approved an amendment (the vote was 47 to 21) to keep automobile dealers under federal and state laws governing vehicle financing. The vote also granted dealers exemption from a new government consumer protection agency heavily lobbied for by the White House.

Rep. John Campbell R-California, sponsored the amendment to the Consumers Financial Protection Agency Act that will hold dealers harmless from scrutiny of the proposed CFPA .

The Campbell amendment paves the way for dealers, many of whom sell expensive and often heavily financed products, to side-step HR3126, the Consumer Financial Protection Agency bill that works to ban deceptive practices, ensure safeness and promote transparency.

The National Automobile Dealers Association spearheaded the grassroots campaign. After the act passed with the attached amendment, David Westcott, chairman of NADA’s Government Affairs Committee, and a multi-franchise dealer in North Carolina said “NADA and dealers applaud the overwhelming bipartisan support for the Campbell Amendment. It makes sense to exclude dealers. Dealers had absolutely nothing to do with the credit crisis.”

How do you think this will affect you? Do you think it will impact your next vehicle purchase?

certified red flag car dealer program + we make it simple for you

New laws change

California’s

rules of the road

Develop a policy for updating the program.

The Rules require that program updates be implemented in two circumstances.

First, there must be a regularly scheduled review and update at quarterly, and the results of that review and update must be reported to the owners for its action.

Second, the program must be flexible to incorporate new identifiers of identity theft or to respond to problems identified in the program. Whether you learn of a new method of defrauding dealerships from others, or you learn it from your own experience, or you simply learn that something in your program isn’t working well, steps must be taken to update it and plug any holes.

* The red flag rules program must ensure that service providers use reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft.

Agreements with service providers should contain policies to require them to detect relevant red flags under the appropriate circumstances and to either report the red flags to the dealership or take appropriate steps to prevent or mitigate identity theft.

The most important thing to understand about implementation of the Red Flag Rules is that it is a common sense exercise. However, a dealer cannot pretend that it will be easy.

Appoint one person who will coordinate the process to design, implement and maintain the Red Flag program.

* Develop a written program.

The red flag rules require a written program.

You may do your own based on information like this checklist and the red flag rules FTC guidelines itself, you may adapt one from programs that may be issued by a trade association, or you may choose to buy a template program from someone like us in the dealer education business.

It really doesn’t matter how you choose to comply. However, it does matter that you make whatever program you choose your own. Take a lesson from the FTC’s investigations of dealer compliance with the Information Safeguards Rule.

The FTC has spent time in investigations to be sure that dealers who installed canned programs took the time to tailor programs to their own needs. Consequently, whether you develop your own program, use a program furnished by a trade association, or use a form program that you buy, make sure that you do the work to make it fit your dealership. And make sure you document the fact that you did this work.