UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

__________________________________________

 )

In the Matter of )

 )

FAJILAN AND ASSOCIATES, INC. )

also d/b/a STATEWIDE CREDIT SERVICES, ) FILE NO. 

a corporation, )

 )

and ) AGREEMENT CONTAINING

 ) CONSENT ORDER

ROBERT FAJILAN, )

individually and as an officer )

of the corporation. )

__________________________________________ )

The Federal Trade Commission (“Commission”) has conducted an investigation of

certain acts and practices of Fajilan and Associates, Inc. also d/b/a Statewide Credit Services

(“Statewide”), and Robert Fajilan (“proposed respondents”). Proposed respondents are willing

to enter into an agreement containing a consent order resolving the allegations contained in the

attached draft complaint. Therefore,

IT IS HEREBY AGREED by and between Statewide, Robert Fajilan, and counsel for

the Federal Trade Commission that:

1. Proposed respondent Statewide is a California corporation with its principal office or

place of business at 2690 South White Road, Suite 235, San Jose, CA 95148. 

2. Proposed respondent Robert Fajilan (“Fajilan”) is owner and President of Statewide. 

Individually, or in concert with others, he formulates, directs, or controls the policies,

acts, or practices of respondent Statewide. His principal place of business is the same as

Statewide.

3. Proposed respondents admit all the jurisdictional facts set forth in the draft complaint.

4. Proposed respondents waive:

(a) any further procedural steps;

(b) the requirement that the Commission’s decision contain a statement of findings of

fact and conclusions of law; and

(c) all rights to seek judicial review or otherwise to challenge or contest the validity

of the order entered pursuant to this agreement.
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5. This agreement shall not become part of the public record of the proceeding unless and

until it is accepted by the Commission. If this agreement is accepted by the Commission,

it, together with the draft complaint, will be placed on the public record for a period of

thirty (30) days and information about it publicly released. The Commission thereafter

may either withdraw its acceptance of this agreement and so notify proposed

respondents, in which event it will take such action as it may consider appropriate, or

issue and serve its complaint (in such form as the circumstances may require) and

decision in disposition of the proceeding.

6. This agreement is for settlement purposes only and does not constitute an admission by

proposed respondents that the law has been violated as alleged in the draft complaint, or

that the facts as alleged in the draft complaint, other than the jurisdictional facts, are true.

7. This agreement contemplates that, if it is accepted by the Commission, and if such

acceptance is not subsequently withdrawn by the Commission pursuant to the provisions

of Section 2.34 of the Commission’s Rules, the Commission may, without further notice

to proposed respondents, (1) issue its complaint corresponding in form and substance

with the attached draft complaint and its decision containing the following order in

disposition of the proceeding, and (2) make information about it public. When so

entered, the order shall have the same force and effect and may be altered, modified, or

set aside in the same manner and within the same time provided by statute for other

orders. The order shall become final upon service. Delivery of the complaint and the

decision and order to proposed respondents’ address as stated in this agreement by any

means specified in Section 4.4(a) of the Commission’s Rules shall constitute service. 

Proposed respondents waive any right they may have to any other manner of service. 

The complaint may be used in construing the terms of the order. No agreement,

understanding, representation, or interpretation not contained in the order or the

agreement may be used to vary or contradict the terms of the order.

8. Proposed respondents have read the draft complaint and consent order. Proposed

respondents understand that they may be liable for civil penalties in the amount provided

by law and other appropriate relief for each violation of the order after it becomes final.

ORDER

DEFINITIONS

For purposes of this Order, the following definitions shall apply:

1. “Personal information” shall mean individually identifiable information from or about an

individual consumer including, but not limited to: (a) a first and last name; (b) a home or

other physical address, including street name and name of city or town; (c) an email

address or other online contact information; (d) a telephone number; (e) a Social Security

number; (f) a credit card or debit card account number; (g) checking account information;
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(h) a driver’s license, military or state identification number; (i) a persistent identifier,

such as a customer number that is combined with other available data that identifies an

individual consumer; or (j) any information that is combined with any of (a) through (i)

above.

2. “Gramm-Leach-Bliley Act” or “GLB Act” refers to 15 U.S.C. §§ 6801-6809, as

amended, the “Safeguards Rule” or the “Standards for Safeguarding Customer

Information Rule” refers to 16 C.F.R. Part 314, issued pursuant to Title V, Subtitle A of

the GLB Act, 15 U.S.C. §§ 6801-6809.

3. “Financial institution” shall mean as defined in Section 509(3)(A) of the GLB Act, 15

U.S.C. § 6809(3)(A).

4. “The Fair Credit Reporting Act” or “FCRA” refers to 15 U.S.C. § 1681 et seq.

5. “Consumer report” shall mean as defined in Section 603(d)(1) of the FCRA, 15 U.S.C. 

§ 1681a(d)(1). 

6. Unless otherwise specified, “Corporate respondent” shall mean Statewide Credit

Services, Inc. and its subsidiaries, divisions, affiliates, successors and assigns. 

“Individual respondent” means Robert Fajilan. “Respondents” means the Individual

respondent and Corporate respondent, individually, collectively, or in any combination.

7. “Commerce” shall mean as defined in Section 4 of the Federal Trade Commission Act,

15 U.S.C. § 44.

I.

IT IS ORDERED that Corporate respondent and any business entity that Individual

respondent, Robert Fajilan, controls, directly or indirectly, which collects, maintains, or stores

personal information from or about consumers, shall, no later than the date of service of this

order, establish and implement, and thereafter maintain, a comprehensive information security

program that is reasonably designed to protect the security, confidentiality, and integrity of

personal information collected from or about consumers, including the security, confidentiality,

and integrity of personal information accessible to end users. Such program, the content and

implementation of which must be fully documented in writing, shall contain administrative,

technical, and physical safeguards appropriate to Corporate respondent’s or the entity’s size and

complexity, the nature and scope of Corporate respondent’s or the entity’s activities, and the

sensitivity of the personal information collected from or about consumers. The information

security program must include: 

A. the designation of an employee or employees to coordinate and be

accountable for the information security program;

B. the identification of material internal and external risks to the security,

confidentiality, and integrity of personal information that could result in
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the unauthorized disclosure, misuse, loss, alteration, destruction, or other

compromise of such information, and assessment of the sufficiency of any

safeguards in place to control these risks. At a minimum, this risk

assessment should include consideration of risks in each area of relevant

operation, including, but not limited to: (1) employee training and

management; (2) information systems, including network and software

design, access, information processing, storage, transmission, and

disposal; and (3) prevention, detection, and response to attacks, intrusions,

or other systems failures;

C. the design and implementation of reasonable safeguards to control the

risks identified through risk assessment and regular testing or monitoring

of the effectiveness of the safeguards’ key controls, systems, and

procedures;

D. the development and use of reasonable steps to select and retain service

providers capable of appropriately safeguarding personal information they

receive from the Corporate respondent or the entity, and requiring service

providers by contract to implement and maintain appropriate safeguards;

and

E. the evaluation and adjustment of respondent’s or the entity’s information security

program in light of the results of the testing and monitoring required by sub-Part

C, any material changes to Corporate respondent’s or the entity’s operations or

business arrangements, or any other circumstances that Corporate respondent or

the entity know or have reason to know may have a material impact on the

effectiveness of their information security program. 

 II.

IT IS FURTHER ORDERED that Corporate respondent and any business entity that

Individual respondent, Robert Fajilan controls, directly or indirectly, and their officers, agents,

representatives, and employees, shall not, directly or through any corporation, subsidiary,

division, website, or other device, violate any provision of the Safeguards Rule, 16 C.F.R. Part

314. In the event that this Rule is hereafter amended or modified, respondents’ compliance with

that Rule as so amended or modified shall not be a violation of this order.

 III

IT IS FURTHER ORDERED that Corporate respondent and any business entity that

Individual respondent, Robert Fajilan, controls, directly or indirectly, in connection with the

compilation, creation, sale, or dissemination of any consumer report shall:

A. furnish such consumer report only to those with a permissible purpose as

described in Section 604 of the Fair Credit Reporting Act, 15 U.S.C. § 1681b;
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B. maintain reasonable procedures to limit the furnishing of such consumer report to

those with a permissible purpose and ensure that no consumer report is furnished

to any person when there are reasonable grounds to believe that the consumer

report will not be used for a permissible purpose, as required by Section 607(a) of

the Fair Credit Reporting Act, 15 U.S.C. § 1681e(a). 

IV.

IT IS FURTHER ORDERED that, Corporate respondent and any business entity that

Individual respondent, Robert Fajilan, controls, directly or indirectly, which collects, maintains,

or stores personal information from or about consumers, shall, in connection with their

compliance with Part I of this order, obtain initial and biennial assessments and reports

(“Assessments”) from a qualified, objective, independent third-party professional, who uses

procedures and standards generally accepted in the profession. Each Assessment shall be

prepared and completed within sixty (60) days after the end of the reporting period to which the

Assessment applies by a person qualified as a Certified Information System Security

Professional (CISSP) or as a Certified Information Systems Auditor (CISA); a person holding

Global Information Assurance Certification (GIAC) from the SysAdmin, Audit, Network,

Security (SANS) Institute; or a similarly qualified person or organization approved by the

Associate Director for Enforcement, Bureau of Consumer Protection, Federal Trade

Commission, 600 Pennsylvania Avenue NW, Washington, D.C. 20580. The reporting period for

the Assessments shall cover: (1) the first one hundred and eighty (180) days after service of the

order for the initial Assessment, and (2) each two (2) year period thereafter for twenty (20) years

after service of the order for the biennial Assessments. Each Assessment shall:

A. set forth the specific administrative, technical, and physical safeguards that

Corporate respondent or the entity have implemented and maintained during the

reporting period;

B. explain how such safeguards are appropriate to Corporate respondent’s or the

entity’s size and complexity, the nature and scope of Corporate respondent’s or the

entity’s activities, and the sensitivity of the personal information collected from or

about consumers;

C. explain how the safeguards that have been implemented meet or exceed the

protections required by the Safeguards Rule; and

D. certify that Corporate respondent’s or the entity’s security program is operating

with sufficient effectiveness to provide reasonable assurance that the security,

confidentiality, and integrity of personal information is protected and has so

operated throughout the reporting period.

Respondents shall provide the initial Assessment to the Associate Director for Enforcement,

Bureau of Consumer Protection, Federal Trade Commission, Washington, D.C. 20580, within ten

(10) days after the Assessment has been prepared. All subsequent biennial Assessments shall be
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retained by respondents until the order is terminated and provided to the Associate Director of

Enforcement within ten (10) days after respondents receive such request.

V.

IT IS FURTHER ORDERED that Corporate respondent, and Individual respondent,

Robert Fajilan, for any business entity that he controls, directly or indirectly, which collects,

maintains or stores personal information from or about consumers, shall maintain, and upon

request make available to the Federal Trade Commission for inspection and copying: 

A. for a period of five (5) years, a print or electronic copy of each document relating

to compliance, including but not limited to documents, prepared by or on behalf of

Corporate respondent or the entity, that contradict, qualify, or call into question

Corporate respondent’s or the entity’s compliance with this order;

B. for a period of five (5) years, copies of all subpoenas and other communications

with law enforcement entities or personnel, whether in written or electronic form,

if such documents bear in any respect on Corporate respondent’s or the entity’s

collection, maintenance, or furnishing of consumer reports or other personal

information of consumers; and

C. for a period of three (3) years after the date of preparation of each Assessment

required under Part IV of this order, all materials relied upon to prepare the

Assessment, whether prepared by or on behalf of the Corporate respondent or the

entity, including but not limited to all plans, reports, studies, reviews, audits, audit

trails, policies, training materials, and assessments, and any other materials

relating to the Corporate respondent’s or the entity’s compliance with Parts I and II

of this order, for the compliance period covered by such Assessment. 

VI.

IT IS FURTHER ORDERED that for a period of five (5) years from the date of entry of

this Order, respondents shall deliver copies of the Order as directed below:

A. Corporate respondent must deliver a copy of this Order to (1) all current and future

principals, officers, directors, and managers, (2) all employees, agents and

representatives who engage in conduct related to the subject matter of the Order,

and (3) any business entity resulting from any change in structure set forth in Part

VIII. For current personnel, delivery shall be within five (5) days of service of this

Order. For new personnel, delivery shall occur prior to them assuming their

responsibilities. For any business entity resulting from any change in structure set

forth in Part VIII, delivery shall be at least ten (10) days prior to the change in

structure.

B. For any business that Individual respondent, Robert Fajilan, controls, directly or
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indirectly, which collects, maintains, or stores personal information from or about

consumers, Individual respondent must deliver a copy of this Order to (1) all

principals, officers, directors, and managers of that business, (2) all employees,

agents, and representatives of that business who engage in conduct related to the

subject matter of the Order, and (3) any business entity resulting from any change

in structure set forth in Part VII. For current personnel, delivery shall be within

five (5) days of service of this Order. For new personnel, delivery shall occur

prior to them assuming their responsibilities. For any business entity resulting

from any change in structure set forth in Part VII, delivery shall be at least ten (10)

days prior to the change in structure.

C. For any business that collects, maintains, or stores personal information from or

about consumers, where Individual respondent, Robert Fajilan, is not a controlling

person of the business, but he otherwise has responsibility, in whole or in part, for

developing or overseeing the implementation of policies and procedures to protect

the privacy, security, confidentiality, or integrity of personal information collected

from or about consumers by the business, Individual respondent must deliver a

copy of this Order to all principals and managers of such business before engaging

in such conduct.

D. Respondents must secure a signed and dated statement acknowledging receipt of

this Order, within thirty (30) days of delivery, from all persons receiving a copy of

the Order pursuant to this section.

 VII.

IT IS FURTHER ORDERED that Individual respondent Fajilan, for a period of ten (10)

years from the date of entry of this Order, shall notify the Commission of the following:

A. Any changes in Individual respondent’s residence, mailing address, and or

telephone numbers, within ten (10) days of such a change;

B. Any changes in Individual respondent’s business or employment status (including

self-employment), and any changes in his ownership in any business entity, within

ten (10) days of such a change. Such notice shall include the name and address of

each business that respondent is affiliated with, employed by, created or forms, or

performs services for; a detailed description of the nature of the business or

employment; and a detailed description of the respondent’s duties and

responsibilities in connection with such business or employment; and

C. Any changes in Individual respondent’s name or use of any aliases or fictitious

names, including “doing business as” names.

 Unless otherwise directed by a representative of the Commission, all notices required by this Part

shall be sent by overnight courier (not the U.S. Postal Service) to the Associate Director of
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Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania

Avenue NW, Washington, D.C. 20580, with the subject line FTC v. Fajilan and Associates, Inc.

also d/b/a Statewide Credit Services, and Robert Fajilan. Provided, however, that, in lieu of

overnight courier, notices may be sent by first-class mail, but only if an electronic version of such

notices is contemporaneously sent to the Commission at DEbrief@ftc.gov. 

VIII.

IT IS FURTHER ORDERED that Corporate respondent shall notify the Commission at

least thirty (30) days prior to any change in the corporation that may affect compliance

obligations arising under this order, including, but not limited to, a dissolution, assignment, sale,

merger, or other action that would result in the emergence of a successor corporation; the creation

or dissolution of a subsidiary, parent, or affiliate that engages in any acts or practices subject to

this Order; the proposed filing of a bankruptcy petition; or a change in the corporate name or

address. Provided, however, that with respect to any proposed change in the corporation about

which Corporate respondent learns less than thirty (30) days prior to the date such action is to

take place, Corporate respondent shall notify the Commission as soon as is practicable after

obtaining such knowledge. Unless otherwise directed by a representative of the Commission, all

notices required by this Part shall be sent by overnight courier (not the U.S. Postal Service) to the

Associate Director of Enforcement, Bureau of Consumer Protection, Federal Trade Commission,

600 Pennsylvania Avenue NW, Washington, D.C. 20580, with the subject line FTC v. Fajilan and

Associates Inc., d/b/a Statewide Credit Services, and Robert Fajilan. Provided, however, that, in

lieu of overnight courier, notices may be sent by first-class mail, but only if an electronic version

of such notices is contemporaneously sent to the Commission at DEbrief@ftc.gov.

IX.

IT IS FURTHER ORDERED that Corporate respondent, and its successors and assigns,

and Individual respondent Robert Fajilan, within sixty (60) days after the date of service of this

order, shall file with the Commission a true and accurate report, in writing, setting forth in detail

the manner and form of their own compliance with this order. Within ten (10) days of receipt of

written notice from a representative of the Commission, they shall submit additional true and

accurate written reports.

X.

This order will terminate twenty (20) years from the date of its issuance, or twenty (20)

years from the most recent date that the United States or the Federal Trade Commission files a

complaint (with or without an accompanying consent decree) in federal court alleging any

violation of the order, whichever comes later; provided, however, that the filing of such a

complaint will not affect the duration of:

A. any Part in this order that terminates in less than twenty (20) years;

B. this order’s application to any respondent that is not named as a defendant in such
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complaint; and

C. this order if such complaint is filed after the order has terminated pursuant to this

Part.

Provided, further, that if such complaint is dismissed or a federal court rules that respondents did

not violate any provision of the order, and the dismissal or ruling is either not appealed or upheld

on appeal, then the order will terminate according to this Part as though the complaint had never

been filed, except that the order will not terminate between the date such complaint is filed and

the later of the deadline for appealing such dismissal or ruling and the date such dismissal or

ruling is upheld on appeal.

Signed this __________day of _____________________________ , 2010.

FAJILAN AND ASSOCIATES, INC.

also d/b/a STATEWIDE CREDIT SERVICES.

By:_________________________

ROBERT FAJILAN

President

By:_________________________

ROBERT FAJILAN, individually

FEDERAL TRADE COMMISSION

By:____________________________________

ANTHONY RODRIGUEZ

KATHERINE WHITE

Counsel for the Federal Trade Commission
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APPROVED:

________________________________

REBECCA E. KUEHN

Assistant Director

Division of Privacy & Identity Protection

_________________________________ _______________________________________ 

MANEESHA MITHAL DAVID C. VLADECK

Associate Director Director

Division of Privacy & Identity Protection Bureau of Consumer Protection