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182 3189

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Joseph J. Simons, Chairman

Noah Joshua Phillips 

Rohit Chopra

Rebecca Kelly Slaughter

Christine S. Wilson

_____________________________________

In the Matter of )

 )

NTT GLOBAL DATA CENTERS ) DOCKET NO. 9386

AMERICAS, INC., as successor in )

interest to RagingWire Data Centers, Inc. ) DECISION AND ORDER

a corporation. )

 ) 

____________________________________ )

DECISION

The Federal Trade Commission (“Commission”) issued a complaint challenging certain 

acts and practices of the Respondent named above in the caption. The Commission’s Bureau of 

Consumer Protection (“BCP”) filed the Complaint, which charged the Respondent with violating 

the Federal Trade Commission Act.

Respondent and BCP thereafter executed an Agreement Containing Consent Order 

(“Consent Agreement”). The Consent Agreement includes: 1) statements by Respondent that it 

neither admits nor denies any of the allegations in the Complaint, except as specifically stated in 

this Decision and Order, and that only for purposes of this action, it admits the facts necessary to 

establish jurisdiction; and 2) waivers and other provisions as required by the Commission’s 

Rules.

The Acting Secretary of the Commission thereafter withdrew this matter from 

adjudication in accordance with Section 3.25(c) of the Commission’s Rules, 16 C.F.R. 3.25(c) 

(“Rule 3.25”).

The Commission accepted the executed Consent Agreement and placed it on the public 

record for a period of 30 days for the receipt and consideration of public comments. The 

Commission duly considered any comments received from interested persons pursuant to Rule 
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2.34. Now, in further conformity with the procedure prescribed in Rule § 3.25 (f), the 

Commission makes the following Findings and issues the following Order:

Findings

1. Respondent is NTT Global Data Centers Americas, Inc., a Nevada corporation, with its 

principal office or place of business at 1625 W. National Drive, Sacramento, CA 95834. 

NTT Global Data Centers Americas, Inc. is the successor in interest to RagingWire Data 

Centers, Inc.

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

and over the Respondent, and the proceeding is in the public interest.

ORDER

Definitions

For purposes of this Order, the following definition applies:

A. “Respondent” means NTT Global Data Centers Americas, Inc., and any successors and 

assigns.

B. “EU” means European Union.

C. “Privacy Shield” means the EU-U.S. Privacy Shield Framework and/or the Swiss-U.S. 

Privacy Shield Framework, administered by the U.S. Department of Commerce.

D. “Privacy Shield Principles” means the requirements for self-certified participants of the 

EU-U.S. Privacy Shield Framework and/or the Swiss-U.S. Privacy Shield Framework, as 

reflected in Exhibit A.

Provisions

I. Prohibition Against Misrepresentations About

Participation in or Compliance with Privacy Programs

IT IS ORDERED that Respondent and its officers, agents, employees, and attorneys, 

and all other persons in active concert or participation with any of them, who receive actual 

notice of this Order, whether acting directly or indirectly, in connection with the advertising, 

marketing, promotion, offering for sale, or sale of any product or service must not misrepresent 

in any manner, expressly or by implication, the extent to which Respondent is a member of, 

adheres to, complies with, is certified by, is endorsed by, or otherwise participates in any privacy

or security program sponsored by a government or any self-regulatory or standard-setting 
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organization, including but not limited to the EU-U.S. Privacy Shield Framework, the Swiss-U.S. 

Privacy Shield Framework, and the APEC Cross-Border Privacy Rules.

II. Requirement for Annual Outside Compliance Review

IT IS ORDERED that, commencing no later than 120 days after the effective date of this 

Order and for so long as Respondent is a self-certified participant in Privacy Shield, Respondent 

and its officers, agents, employees, and attorneys, and all other persons in active concert or 

participation with any of them, who receive actual notice of this Order, whether acting directly or 

indirectly, in connection with the advertisement, marketing, promotion, offering for sale, or sale 

of any product or service, shall obtain an annual outside compliance review from an independent 

third-party assessor approved by the Associate Director for the Division of Enforcement of the 

Bureau of Consumer Protection at the Federal Trade Commission, that demonstrates that the 

assertions Respondent makes about its Privacy Shield practices are true, and that those Privacy 

Shield practices have been implemented as represented and in accord with the Privacy Shield 

Principles. A statement verifying that an outside compliance review has been successfully 

completed must be signed by the third-party assessor and made available to the Commission 

upon request. 

III. Requirement to Meet Continuing

Obligations Under Privacy Shield

IT IS ORDERED that Respondent and its officers, agents, employees, and attorneys, 

and all other persons in active concert or participation with any of them, who receive actual 

notice of this Order, whether acting directly or indirectly, in connection with the advertising, 

marketing, promotion, offering for sale, or sale of any product or service, must affirm to the 

Department of Commerce, within thirty (30) days after any withdrawal or lapse in its 

certification to the EU-U.S. Privacy Shield Framework or the Swiss-U.S. Privacy Shield 

Framework, and on an annual basis thereafter for as long as it retains such information, that it 

will:

A. Continue to apply the EU-U.S. Privacy Shield Framework Principles to the personal 

information it received while it participated in the Privacy Shield; or

B. Protect the information by another means authorized under EU (for the EU-U.S. Privacy 

Shield Framework) or Swiss (for the Swiss-U.S. Privacy Shield Framework) law, 

including by using a binding corporate rule or a contract that fully reflects the 

requirements of the relevant standard contractual clauses adopted by the European 

Commission; or

C. Return or delete the information.
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IV. Acknowledgments of the Order

IT IS FURTHER ORDERED that Respondent obtain acknowledgments of receipt of 

this Order:

A. Respondent, within ten (10) days after the effective date of this Order, must submit to the 

Commission an acknowledgment of receipt of this Order.

B. For five (5) years after the issuance date of this Order, Respondent must deliver a copy of 

this Order to: (1) all principals, officers, directors, and LLC managers and members; (2) 

all employees having managerial responsibilities for conduct related to the subject matter 

of the Order and all agents and representatives who participate in conduct related to the 

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

structure as set forth in the Provision titled Compliance Report and Notices. Delivery 

must occur within ten (10) days after the effective date of this Order for current 

personnel. For all others, delivery must occur before they assume their responsibilities.

C. From each individual or entity to which Respondent delivered a copy of this Order, 

Respondent must obtain, within thirty (30) days, a signed and dated acknowledgment of 

receipt of this Order.

V. Compliance Report and Notices

IT IS FURTHER ORDERED that Respondent make timely submissions to the 

Commission:

A. Sixty (60) days after the effective date of this Order, Respondent must submit a 

compliance report, sworn under penalty of perjury, in which Respondent must: (a) 

identify the primary physical, postal, and email address and telephone number, as 

designated points of contact, which representatives of the Commission, may use to 

communicate with Respondent; (b) identify all of Respondent’s businesses by all of their 

names, telephone numbers, and physical, postal, email, and Internet addresses; (c) 

describe the activities of each business; (d) describe in detail whether and how 

Respondent is in compliance with each Provision of this Order; and (e) provide a copy of 

each Acknowledgment of the Order obtained pursuant to this Order, unless previously 

submitted to the Commission.

B. Respondent must submit a compliance notice, sworn under penalty of perjury, within 

fourteen (14) days of any change in the following: (1) any designated point of contact; or 

(2) the structure of Respondent or any entity that Respondent has any ownership interest 

in or controls directly or indirectly that may affect compliance obligations arising under 

this Order, including: creation, merger, sale, or dissolution of the entity or any 

subsidiary, parent, or affiliate that engages in any acts or practices subject to this Order.
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C. Respondent must submit notice of the filing of any bankruptcy petition, insolvency 

proceeding, or similar proceeding by or against Respondent within fourteen (14) days of 

its filing.

D. Any submission to the Commission required by this Order to be sworn under penalty of 

perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by 

concluding: “I declare under penalty of perjury under the laws of the United States of 

America that the foregoing is true and correct. Executed on: _____” and supplying the 

date, signatory’s full name, title (if applicable), and signature.

E. Unless otherwise directed by a Commission representative in writing, all submissions to 

the Commission pursuant to this Order must be emailed to Debrief@ftc.gov or sent by 

overnight courier (not the U.S. Postal Service) to: Associate Director of Enforcement, 

Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, 

N.W., Washington, D.C. 20580. The subject line must begin: In re NTT Global Data 

Centers Americas, Inc., Docket No. 9386. 

VI. Recordkeeping

IT IS FURTHER ORDERED that Respondent must create certain records for ten (10) 

years after the issuance date of the Order, and retain each such record for five (5) years. 

Specifically, Respondent must create and retain the following records:

A. accounting records showing the revenues from all goods or services sold; 

B. personnel records showing, for each person providing services, whether as an employee 

or otherwise, that person’s: name; addresses; telephone numbers; job title or position; 

dates of service; and (if applicable) the reason for termination;

C. all records necessary to demonstrate full compliance with each provision of this Order, 

including all submissions to the Commission; and

D. a copy of each widely disseminated representation by Respondent making any 

representation subject to this Order, and all materials that were relied upon in making the 

representation.
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VII. Compliance Monitoring

IT IS FURTHER ORDERED that, for the purpose of monitoring Respondent’s

compliance with this Order:

A. Within ten (10) days of receipt of a written request from a representative of the 

Commission, Respondent must: submit additional compliance reports or other requested 

information, which must be sworn under penalty of perjury, and produce records for 

inspection and copying.

B. For matters concerning this Order, representatives of the Commission are authorized to 

communicate directly with Respondent. Respondent must permit representatives of the 

Commission to interview anyone affiliated with Respondent who has agreed to such an 

interview. The interviewee may have counsel present.

C. The Commission may use all other lawful means, including posing through its 

representatives as consumers, suppliers, or other individuals or entities, to Respondent or 

any individual or entity affiliated with Respondent, without the necessity of identification 

or prior notice. Nothing in this Order limits the Commission’s lawful use of compulsory 

process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1.

VIII. Order Effective Dates

IT IS FURTHER ORDERED that the final and effective date of this Order is the 60th

day after this Order is served. This Order will terminate on October 28, 2040, or twenty (20) 

years from the most recent date that the United States or the Commission files a complaint (with 

or without an accompanying settlement) 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 Provision 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 

Provision. 

Provided, further, that if such complaint is dismissed or a federal court rules that Respondent 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 Provision 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.
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By the Commission, Commissioner Chopra dissenting, Commissioner Slaughter not

participating.

April J. Tabor

Acting Secretary

SEAL

ISSUED: October 28, 2020