Privacy & Information Security Law Blog

On August 17, 2015, the Federal Trade Commission announced proposed settlements with 13 companies over allegations that they misled consumers by falsely claiming to be Safe Harbor certified when their certifications had lapsed or they had never been certified at all.

Seven companies, including Golf Connect, LLC, Contract Logix, LLC and Forensics Consulting Solutions, LLC, allegedly claimed to have a current certification in one or both of the U.S.-EU or U.S.-Swiss Safe Harbor Framework when, in actuality, their certifications had lapsed.

Six companies, including Dale Jarrett Racing Adventure, SteriMed Medical Waste Solutions and California Skate-Line, are alleged to have claimed certification in one or both Safe Harbor programs but had never applied for membership in either program.

Each of the proposed settlement agreements prohibit the companies “from misrepresenting the extent to which they participate in any privacy or data security program sponsored by the government or any other self-regulatory or standard-setting organization.”