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Utah AG Joins Coalition Supporting FTC Identity Rules

FOR IMMEDIATE RELEASE
February 14, 2019

 

UTAH ATTORNEY GENERAL SEAN D. REYES JOINS 31 ATTORNEYS GENERAL IN SIGNING MULTI-STATE LETTER SUPPORTING FTC IDENTITY RULES 

SALT LAKE CITY – On Friday, Utah Attorney General Sean D. Reyes joined a coalition of 31 attorneys general and sent a letter to the Federal Trade Commission (FTC) urging the FTC to continue its Identity Theft Rules, which were originally adopted in November 2007. The letter cites the proliferation of identity theft in many states, and the growth in technology since the rules were adopted.

“Identity theft is one of the fastest growing crimes in the United States of America and one of the most disruptive and damaging to victims’ lives,” said Attorney General Reyes. “The Utah Attorney General’s Office-led SECURE Strike Force focuses tremendous resources on protecting the identities of Utah. We ask the FTC to do the same.”

The current rules require certain financial institutions and businesses that grant credit or issue debit or credit cards to take steps to detect, prevent and mitigate identify theft by implementing reasonable safeguards. The letter also suggests adding a requirement that a cardholder must be notified by email or cell phone if an email address or cell phone number is changed. This is in addition to the existing requirement to mail notification upon change of account address. The attorneys general also ask that suspicious account activity include account access by new and previously unknown devices and repeated unsuccessful access attempts.

David Sonnenreich from the Tax & Financial Services Division of the Utah Attorney General’s Office said, “Identity theft is a serious and rapidly growing problem that harms our citizens both financially and emotionally, and that increases costs for our businesses. Since 2007 the FTC’s ‘Red Flag’ and ‘Card Issuer’ rules have provided critical early warnings of identity theft to businesses and consumers and have helped to stop countless fraudsters in their tracks when they try to use stolen personal information. However, as cyberthieves become more sophisticated, we need to adopt better responses.”

Attorney General Reyes joined the Attorneys General of Alaska, California, Colorado, Connecticut, District of Columbia, Delaware, Hawaii, Iowa, Illinois, Kentucky, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, North Carolina, Nebraska, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Virginia, Vermont, Washington, and Wisconsin in signing this letter.

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A copy of the letter can be found here: https://attorneygeneral.utah.gov/wp-content/uploads/2019/02/AG_Comment_Letter_to_FTC.pdf

Utah Joins California on Federalism Issue

FOR IMMEDIATE RELEASE
August 7, 2018

UTAH JOINS CALIFORNIA ON FEDERALISM ISSUE
Eighteen states urge U.S. Supreme Court to follow 1985 precedent

SALT LAKE CITY – Today, Utah Attorney General Sean Reyes announced Utah has joined California and sixteen other states asking the Supreme Court of the United States to uphold a Third Circuit Court of Appeals decision stating land use regulation and state property law cases should be heard in state courts before moving into the federal court system.

“From time to time, Utah and California interpret the constitution differently,” said AG Reyes. “In this case, however, we agree that questions about state property laws and land use regulations should be heard in a state court first. Local self-governance, especially on land use issues, is an American principle of federalism we need to preserve.”

The bipartisan coalition hopes the U.S. Supreme Court will affirm the appeals court ruling and the 1985 high court precedent prohibiting landowners from litigating takings claims in federal court until they have exhausted all avenues at the state level. The coalition of states contend that state courts are best situated to resolve complex, local conflicts – especially when individual rights and the needs of the community may be in tension.

The case involves Rose Mary Knick, owner of 90 acres of rural land in eastern Pennsylvania, and the Township of Scott, Pennsylvania. Knick alleged the violation of her Fourth and Fifth Amendment rights and appealed the Third Circuit Court of Appeals before exhausting state-law remedies. The Supreme Court will hear oral arguments of Knick v. Township of Scott in their next session.

Utah joined the California-led brief along with attorneys general from Delaware, Indiana, Iowa, Louisiana, Maine, Maryland, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, the Commonwealth of Massachusetts, and the District of Columbia.

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NOTES:

1. You can review the amicus brief here: https://attorneygeneral.utah.gov/wp-content/uploads/2018/08/17-647-Knick-v.-Township-of-Scott-Amicus-Brief.pdf.

2. For more information on the details of Knick v. Township of Scott, see 
SCOTUSblog: http://www.scotusblog.com/2018/03/justices-grant-review-two-new-cases & Oyez: https://www.oyez.org/cases/2018/17-647.

3. The AG’s office published a blog explaining its stance. You can read that here: https://attorneygeneral.utah.gov/statebeforefed/.