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082 3208

UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

COMMISSIONERS: Jon Leibowitz, Chairman

William E. Kovacic

J. Thomas Rosch

Edith Ramirez

Julie Brill

___________________________________________

 )

In the Matter of )

 )

SETTLEMENTONE CREDIT CORPORATION., ) DOCKET NO. C-4330

 a corporation; and )

 ) DECISION AND ORDER

SACKETT NATIONAL HOLDINGS, INC., )

 a corporation. )

 )

The Federal Trade Commission having initiated an investigation of certain acts and

practices of the Respondents named in the caption hereof, and the Respondents having been

furnished thereafter with a copy of a draft Complaint that the Bureau of Consumer Protection

proposed to present to the Commission for its consideration and which, if issued by the

Commission, would charge the Respondents with violation of the Federal Trade Commission

Act,15 U.S.C. § 45 et seq; the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq; and the

Commission’s Standards for Safeguarding Customer Information Rule, 16 C.F.R. Part 314,

issued pursuant to Title V, Subtitle A of the Gramm-Leach-Bliley Act , 15 U.S.C. §§ 6801-6809.

The Respondents, their attorney, and counsel for the Commission having thereafter

executed an Agreement Containing Consent Order (“Consent Agreement”), an admission by the

Respondents of all the jurisdictional facts set forth in the aforesaid draft Complaint, a statement

that the signing of said Consent Agreement is for settlement purposes only and does not

constitute an admission by Respondents that the law has been violated as alleged in such

Complaint, or that the facts as alleged in such Complaint, other than jurisdictional facts, are true,

and waivers and other provisions as required by the Commission's Rules; and

The Commission having thereafter considered the matter and having determined that it

has reason to believe that the Respondents have violated the Federal Trade Commission Act, the

Fair Credit Reporting Act, and the Gramm-Leach-Bliley Act’s Safeguards Rule, and that a

Complaint should issue stating its charges in that respect, and having thereupon accepted the

executed Consent Agreement and placed such Consent Agreement on the public record for a
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period of thirty (30) days for the receipt and consideration of public comments, and having duly

considered the comments received from interested persons, now in further conformity with the

procedure described in Section 2.34 of its Rules, 16 C.F.R. § 2.34, the Commission hereby issues

its Complaint, makes the following jurisdictional findings, and enters the following Order:

1.a. Respondent SettlementOne is a California corporation with its principal office or place of

business at 2605 Camino Del Rio South, Suite 400, San Diego, CA 92108. 

SettlementOne is a wholly-owned subsidiary of Sackett National Holdings, Inc.

1.b. Respondent Sackett National Holdings, Inc. is a corporation with its principal office or

place of business at 2605 Camino Del Rio South, San Diego, CA 92108. SNH conducts

business through its ten wholly-owned subsidiaries, including SettlementOne.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding 

and of the Respondents, and the proceeding is in the public interest.

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,

(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.
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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, “respondents” shall mean Sackett National Holdings and

SettlementOne Credit Corporation, and their subsidiaries, divisions, affiliates, successors

and assigns. 

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 respondents 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 the respondents’ size and complexity, the

nature and scope of the respondents’ 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

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
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receive from the respondents, and requiring service providers by contract

to implement and maintain appropriate safeguards; and

E. the evaluation and adjustment of the respondents’ information security program

in light of the results of the testing and monitoring required by sub-Part C, any

material changes to respondents’ operations or business arrangements, or any

other circumstances that respondents 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 respondents 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 respondents, in connection with the compilation,

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

A. Furnish such consumer report only to those persons which it has reason to believe

have a permissible purpose as described in Section 604(a)(3) of the Fair Credit

Reporting Act, 15 U.S.C. § 1681b(a)(3), or under such other circumstances as set

forth in Section 604 of the Fair Credit Reporting Act, 15 U.S.C. § 1681b;

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 respondents 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, provided however, that except for

SettlementOne Credit Corporation for which such Assessments are always required, Sackett

National Holdings, Inc. shall not be required to obtain such Assessments for any subsidiary,

division, affiliate, successor or assign if the personal information such entities collect, maintain,

or store from or about consumers is limited to a first and last name; a home or other physical

address, including street name and name of city or town; an email address; a telephone number;

or publicly available information regarding property ownership and appraised home value. Each
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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 

respondents have implemented and maintained during the reporting period;

B. explain how such safeguards are appropriate to respondents’ size and complexity,

the nature and scope of respondents’ 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 respondents’ 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, 600 Pennsylvania Avenue NW,

Washington, D.C. 20580, within ten (10) days after the Assessment has been prepared. All

subsequent biennial Assessments shall be 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 respondents 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

respondents, that contradict, qualify, or call into question respondents’ 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,
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if such documents bear in any respect on respondents’ 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 respondents, including but

not limited to all plans, reports, studies, reviews, audits, audit trails, policies,

training materials, and assessments, and any other materials relating to

respondents’ 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. Respondents 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

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.

B. 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 respondents shall notify the Commission at least

thirty (30) days prior to any change in the corporations 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 corporations about which

respondents learn less than thirty (30) days prior to the date such action is to take place,

respondents 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
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Avenue NW, Washington, D.C. 20580, with the subject line FTC v. SettlementOne Credit

Corporation, and Sackett National Holdings, Inc. 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 respondents and their successors and assigns, 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) day of receipt of written notice from a representative of the

Commission, they shall submit additional true and accurate written reports.

IX.

This order will terminate on August 17, 2031, 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

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.

By the Commission.

Richard C. Donohue

Acting Secretary

SEAL

ISSUED: August 17, 2011