[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Notices]
[Pages 53250-53252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24997]


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FEDERAL TRADE COMMISSION

[File No. 092 3138]


ExpatEdge Partners LLC; Analysis of Proposed Consent Orders To 
Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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SUMMARY: The consent agreement in this matter settles alleged 
violations of federal law prohibiting unfair or deceptive acts or 
practices or unfair methods of competition. The attached Analysis to 
Aid Public Comment describes both the allegations in the draft 
complaint and the terms of the consent order -- embodied in the consent 
agreement -- that would settle these allegations.

DATES: Comments must be received on or before November 5, 2009.

ADDRESSES: Interested parties are invited to submit written comments 
electronically or in paper form. Comments should refer to ``ExpatEdge, 
File No. 092 3138'' to facilitate the organization of comments. Please 
note that your comment -- including your name and your state -- will be 
placed on the public record of this proceeding, including on the 
publicly accessible FTC website, at (http://www.ftc.gov/os/publiccomments.shtm).
    Because comments will be made public, they should not include any 
sensitive personal information, such as an individual's Social Security 
Number; date of birth; driver's license number or other state 
identification number, or foreign country equivalent; passport number; 
financial account number; or credit or debit card number. Comments also 
should not include any sensitive health information, such as medical

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records or other individually identifiable health information. In 
addition, comments should not include any ``[t]rade secret or any 
commercial or financial information which is obtained from any person 
and which is privileged or confidential . . . .,'' as provided in 
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and Commission Rule 
4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing material for which 
confidential treatment is requested must be filed in paper form, must 
be clearly labeled ``Confidential,'' and must comply with FTC Rule 
4.9(c), 16 CFR 4.9(c).\1\
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    \1\ The comment must be accompanied by an explicit request for 
confidential treatment, including the factual and legal basis for 
the request, and must identify the specific portions of the comment 
to be withheld from the public record. The request will be granted 
or denied by the Commission's General Counsel, consistent with 
applicable law and the public interest. See FTC Rule 4.9(c), 16 CFR 
4.9(c).
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    Because paper mail addressed to the FTC is subject to delay due to 
heightened security screening, please consider submitting your comments 
in electronic form. Comments filed in electronic form should be 
submitted by using the following weblink: (https://public.commentworks.com/ftc/expatedge) and following the instructions 
on the web-based form. To ensure that the Commission considers an 
electronic comment, you must file it on the web-based form at the 
weblink: (https://public.commentworks.com/ftc/expatedge). If this 
Notice appears at (http://www.regulations.gov/search/index.jsp), you 
may also file an electronic comment through that website. The 
Commission will consider all comments that regulations.gov forwards to 
it. You may also visit the FTC website at (http://www.ftc.gov/) to read 
the Notice and the news release describing it.
    A comment filed in paper form should include the ``ExpatEdge, File 
No. 092 3138'' reference both in the text and on the envelope, and 
should be mailed or delivered to the following address: Federal Trade 
Commission, Office of the Secretary, Room H-135 (Annex D), 600 
Pennsylvania Avenue, NW, Washington, DC 20580. The FTC is requesting 
that any comment filed in paper form be sent by courier or overnight 
service, if possible, because U.S. postal mail in the Washington area 
and at the Commission is subject to delay due to heightened security 
precautions.
    The Federal Trade Commission Act (``FTC Act'') and other laws the 
Commission administers permit the collection of public comments to 
consider and use in this proceeding as appropriate. The Commission will 
consider all timely and responsive public comments that it receives, 
whether filed in paper or electronic form. Comments received will be 
available to the public on the FTC website, to the extent practicable, 
at (http://www.ftc.gov/os/publiccomments.shtm). As a matter of 
discretion, the Commission makes every effort to remove home contact 
information for individuals from the public comments it receives before 
placing those comments on the FTC website. More information, including 
routine uses permitted by the Privacy Act, may be found in the FTC's 
privacy policy, at (http://www.ftc.gov/ftc/privacy.shtm).

FOR FURTHER INFORMATION CONTACT: Molly Crawford (202-326-3076) or Katie 
Ratt[eacute] (202-326-3514), Bureau of Consumer Protection, 600 
Pennsylvania Avenue, NW, Washington, D.C. 20580.

SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec.  2.34 the 
Commission Rules of Practice, 16 CFR 2.34, notice is hereby given that 
the above-captioned consent agreement containing a consent order to 
cease and desist, having been filed with and accepted, subject to final 
approval, by the Commission, has been placed on the public record for a 
period of thirty (30) days. The following Analysis to Aid Public 
Comment describes the terms of the consent agreement, and the 
allegations in the complaint. An electronic copy of the full text of 
the consent agreement package can be obtained from the FTC Home Page 
(for October 6, 2009), on the World Wide Web, at (http://www.ftc.gov/os/actions.shtm). A paper copy can be obtained from the FTC Public 
Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW, Washington, 
D.C. 20580, either in person or by calling (202) 326-2222.
    Public comments are invited, and may be filed with the Commission 
in either paper or electronic form. All comments should be filed as 
prescribed in the ADDRESSES section above, and must be received on or 
before the date specified in the DATES section.

Analysis of Agreement Containing Consent Order To Aid Public Comment

    The Federal Trade Commission (``FTC'' or ``Commission'') has 
accepted, subject to final approval, a consent agreement from ExpatEdge 
Partners LLC (``ExpatEdge'').
    The proposed consent order has been placed on the public record for 
thirty (30) days for receipt of comments by interested persons. 
Comments received during this period will become part of the public 
record. After thirty (30) days, the Commission will again review the 
agreement and the comments received, and will decide whether it should 
withdraw from the agreement and take appropriate action or make final 
the agreement's proposed order.
    This matter concerns alleged false or misleading representations 
that ExpatEdge made to consumers concerning its participation in the 
Safe Harbor privacy framework (``Safe Harbor'') agreed upon by the U.S. 
and the European Union (``EU''). It is among the Commission's first 
cases to challenge deceptive claims about the Safe Harbor. The Safe 
Harbor provides a mechanism for U.S. companies to transfer data outside 
the EU consistent with European law. To join the Safe Harbor, a company 
must self-certify to the U.S. Department of Commerce (``Commerce'') 
that it complies with seven principles and related requirements. 
Commerce maintains a public website, (www.export.gov/safeharbor), where 
it posts the names of companies that have self-certified to the Safe 
Harbor. The listing of companies indicates whether their self-
certification is ``current'' or ``not current.'' Companies are required 
to re-certify every year in order to retain their status as ``current'' 
members of the Safe Harbor framework.
    ExpatEdge provides software and consulting services to businesses 
that offer ``expatriate'' programs to manage tax and payroll issues for 
employees that work outside their country of residence, including 
through a website (www.expatedge.com). According to the Commission's 
complaint, from at least December 2002 until July 2009, ExpatEdge has 
set forth on its website privacy policies and statements about its 
practices, including statements that it is a current participant in the 
Safe Harbor.
    The Commission's complaint alleges that until July 2009, ExpatEdge 
falsely represented that it was a current participant in the Safe 
Harbor when, in fact, ExpatEdge has not been a current participant in 
the Safe Harbor since November 2006. The Commission's complaint alleges 
that in November 2002, ExpatEdge submitted to Commerce a self-
certification to the Safe Harbor, which it renewed in November 2003, 
November 2004, and November 2005. ExpatEdge did not renew its self-
certification to the Safe Harbor in November 2006, and Commerce updated 
its status to ``not current'' on the Commerce public website. To date, 
ExpatEdge has not renewed its self-certification to the Safe Harbor and

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remains in ``not current'' status on Commerce's website.
    The proposed order applies to ExpatEdge's representations about its 
membership in any privacy, security, or any other compliance program 
sponsored by the government or any other third party. It contains 
provisions designed to prevent ExpatEdge from engaging in the future in 
practices similar to those alleged in the complaint.
    Part I of the proposed order prohibits ExpatEdge from making 
misrepresentations about its membership in any privacy, security, or 
any other compliance program sponsored by the government or any other 
third party.
    Parts II through VI of the proposed order are reporting and 
compliance provisions. Part II requires ExpatEdge to retain documents 
relating to its compliance with the order for a five-year period. Part 
III requires dissemination of the order now and in the future to 
persons with responsibilities relating to the subject matter of the 
order. Part IV ensures notification to the FTC of changes in corporate 
status. Part V mandates that ExpatEdge submit an initial compliance 
report to the FTC, and make available to the FTC subsequent reports. 
Part VI is a provision ``sunsetting'' the order after twenty (20) 
years, with certain exceptions.
    The purpose of the analysis is to facilitate public comment on the 
proposed order. It is not intended to constitute an official 
interpretation of the agreement and proposed order or to modify in any 
way their terms.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E9-24997 Filed 10-15-09; 8:45 am]
BILLING CODE 6750-01-S