Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices 53247 

21 See referenced Federal Register Notice at 

35193 (note 9) and at 35194 (note 18) for the types 

of errors to be tabulated. 

22 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 CPR 4.9(c). 

norms). The commenter further 

recommends that the study pay special 

attention to the matter ofdata matching 

procedures, covering such maters as the 

use of Social Security Numbers and 

partial matches on consumer identifiers. 

The matter of data matching procedures 

has been reviewed in the 2004 Report to 

Congress, and staff does not anticipate 

that this study will specifically address 

the internal data matching procedures 

used by credit bureaus. However, the 

contractor will keep a detailed narrative 

regarding each participant, including 

specific errors alleged and their 

subsequent disposition. In tabulating 

the types of confirmed errors via the 

dispute process, the study will acquire 

a great deal of information on the main 

sources of error in credit reports.21

Further, in regard to an expressed 

concern from Mr. Hendricks about 

recognizing ID theft as an important 

source of error, the category of alleged 

error called ‘‘not mine’’ will be 

separated into the subcategories of 

‘‘mixed file’’ and ‘‘ID theft.’’ 

E. Request for Comments to Current 30- 

Day Notice 

Interested parties are invited to 

submit written comments electronically 

or in paper form. Comments should 

refer to ‘‘National Accuracy Study: 

Paperwork Comment (FTC file no. 

P044804)’’ 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 Web site, at (http://www.ftc.gov/os/ 

publiccomments.shtm). 

Because comments will be made 

public, they should not include any 

sensitive personalinformation, such as 

an individual’s Social Security Number; 

date of birth; driver’s licensenumber or 

other state identification number, or 

foreign country equivalent; passport 

number;financial account number; or 

credit or debit card number. Comments 

also should not includeany 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 

orfinancial information which is 

obtained from any person and which is 

privileged or confidential . . .,’’ as 

provided in Section 6(f) of the Federal 

Trade Commission Act (‘‘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).22

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 Web link: (https:// 

secure.commentworks.com/ftc/ 

FACTA319studypra2) (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 

Web link: (https:// 

secure.commentworks.com/ftc/ 

FACTA319studypra2). If this Notice 

appears at (http://www.regulations.gov), 

you may also file an electronic comment 

through that Web site. The Commission 

will consider all comments that 

regulations.gov forwards to it. 

A comment filed in paper form 

should include the ‘‘National Accuracy 

Study: Paperwork Comment (FTC file 

no. P044804)’’ 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 J), 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. 

Comments on any proposed filing, 

recordkeeping, or disclosure 

requirements that are subject to 

paperwork burden review under the 

Paperwork Reduction Act (‘‘PRA’’) 

should additionally be submitted to: 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (‘‘OMB’’), Attention: Desk 

Officer for Federal Trade Commission. 

Comments should be submitted via 

facsimile to (202) 395–5167 because 

U.S. postal mail at the OMB is subject 

to delays due to heightened security 

precautions. 

The FTC Act and other laws the 

Commission administers permit the 

collection of publiccomments to 

consider and use in this proceeding as 

appropriate. The Commission will 

considerall 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’s Web 

site, to the extentpracticable, at (http:// 

www.ftc.gov/os/publiccomments.shtm). 

As a matter of discretion, the 

Commission makes every effort to 

remove home contact information for 

individuals from thepublic comments it 

receives before placing those comments 

on the FTC’s Web site. More 

information, including routine uses 

permitted by the Privacy Act, may be 

found in the FTC’sprivacy policy, at 

(http://www.ftc.gov/ftc/privacy.shtm). 

David C. Shonka, 

Acting General Counsel. 

[FR Doc. E9–24992 Filed 10–15–09; 8:45 am] 

BILLING CODE 6750–01–S 

FEDERAL TRADE COMMISSION 

[File No. 092 3140] 

Directors Desk 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 ‘‘Directors 

Desk, File No. 092 3140’’ 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 (http://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 


jlentini on DSKJ8SOYB1PROD with NOTICES
53248 Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices 

1The 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). 

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/ 

directorsdesk) 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/ 

directorsdesk). If this Notice appears at 

(http://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 (http://www.ftc.gov/) to 

read the Notice and the news release 

describing it. 

A comment filed in paper form 

should include the ‘‘Directors Desk, File 

No. 092 3140’’ 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 

(http://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 (http://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 (http:// 

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 Directors Desk LLC 

(‘‘Directors Desk’’). 

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 

Directors Desk 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. 

Directors Desk provides an online 

application that allows members of 

corporate boards of directors to access 

board meeting materials, board minutes, 

and other related documents through a 

website (www.directorsdesk.com). 

According to the Commission’s 

complaint, Directors Desk 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 Directors Desk falsely represented 

that it was a current participant in the 

Safe Harbor when, in fact, from 

February 2008 until August 2009, 

Directors Desk was not a current 

participant in the Safe Harbor. The 

Commission’s complaint alleges that in 

February 2007, Directors Desk 

submitted to Commerce a selfcertification, which it did not renew in 

February 2008. Commerce then updated 

its status to ‘‘not current’’ on the 

Commerce public website. Directors 

Desk remained in ‘‘not current’’ status 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices 53249 

1The 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). 

until it submitted a self-certification to 

Commerce in August 2009. 

The proposed order applies to 

Directors Desk’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 Directors Desk from 

engaging in the future in practices 

similar to those alleged in the 

complaint. 

Part I of the proposed order prohibits 

Directors Desk 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 Directors 

Desk 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 

Directors Desk 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. E9–24994 Filed 10–15–09; 8:45 am] 

BILLING CODE 6750–01–S 

FEDERAL TRADE COMMISSION 

[File No. 092 3141] 

Progressive Gaitways, Inc.; 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 ‘‘Progressive 

Gaitways, File No. 092 3141’’ 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 

(http://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/ 

progressivegaitways) 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/ 

progressivegaitways). If this Notice 

appears at (http://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 (http://www.ftc.gov/) to 

read the Notice and the news release 

describing it. 

A comment filed in paper form 

should include the ‘‘Progressive 

Gaitways, File No. 092 3141’’ 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 

(http://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 (http://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 


jlentini on DSKJ8SOYB1PROD with NOTICES