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1823152

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Joseph J. Simons, Chairman 

Noah Joshua Phillips 

Rohit Chopra

Rebecca Kelly Slaughter 

Christine Wilson

)

In the Matter of ) DOCKET NO. C-

)

SecurTest, Inc., ) DECISION AND ORDER

a corporation. )

)

)

 )

DECISION

The Federal Trade Commission (“Commission”) initiated an investigation of certain acts 

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

Protection (“BCP”) prepared and furnished to Respondent a draft Complaint. BCP proposed to 

present the draft Complaint to the Commission for its consideration. If issued by the 

Commission, the draft Complaint would charge Respondent with violations of 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 Commission considered the matter and determined that it had reason to believe that 

Respondent has violated the Federal Trade Commission Act, and that a Complaint should issue 

stating its charges in that respect. The Commission accepted the executed Consent Agreement 

and placed it on the public record for a period of thirty (30) days for the receipt and consideration 

of public comments. The Commission duly considered any comments received from interested 

persons pursuant to Section 2.34 of its Rules, 16 C.F.R. § 2.34. Now, in further conformity with 

the procedure prescribed in Rule 2.34, the Commission issues its Complaint, makes the 

following Findings, and issues the following Order:
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Findings

1. Respondent SecurTest, Inc. is a Florida corporation with its principal office or place of 

business at 600 Grand Panama Boulevard, Suite 202, Panama City Beach, FL 32407.

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

Respondent, and the proceeding is in the public interest.

3. The Commission makes no findings of fact or law, other than as expressly set forth 

in paragraphs 1 and 2, above. 

ORDER

Definitions

For purposes of this Order, the following definition applies:

1. “Respondent” means SecurTest, Inc., a corporation, and its successors and assigns.

Provisions

I. Prohibition against Misrepresentations about 

Participation in Privacy or Security 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 

organization, including but not limited to the EU-U.S. Privacy Shield framework and the SwissU.S. Privacy Shield framework.

II. 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; 
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(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.

III. Compliance Report and Notices

IT IS FURTHER ORDERED that Respondent make timely submissions to the 

Commission:

A. Sixty (60) days after the issuance 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.

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.----
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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 SecurTest, Inc., FTC 

File No. 1823152. 

IV. 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. personnel records showing, for each person providing services in relation to any aspect 

of the Order, 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;

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

including all submissions to the Commission; and

C. a copy of each unique advertisement or other marketing material making a 

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

representation.

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

VI. Order Effective Dates

IT IS FURTHER ORDERED that this Order is final and effective upon the date of its 

publication on the Commission’s website (ftc.gov) as a final order. This Order will terminate 

twenty (20) years from the date of its issuance, (which date may be stated at the end of this 

Order, near the Commission’s seal), 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.

By the Commission.

April J. Tabor

Acting Secretary

SEAL:

ISSUED: