NADA Guide to FTC Safeguards Rule

Require

• Implementation of certain technical changes/tools
• Required policy changes/updates
• Written reports and documentation
• Training requirements

Clarify that "customer record" is viewed very broadly

• Not just SSN or CC#
• Not even just N PPI

Does not change liability per se, still no private right of action, but:

  • Enforcement penalties -($46, 517 /violation)
  • U OAP violation as basis for state claims

Increased obligations re Third Parties

  • Increased obligations internal systems and re Third Parties