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Before the
Federal Trade Commission
Washington, DC 20580
In the Matter of
Advantage Mortgage
Ameriwest Mortgage
Central New England Mortgage
GM Mortgage
Online Mortgage Corporation
Complaint and Request For
Investigation and Relief
The Center for Democracy and Technology (CDT) hereby files this complaint and request for investigation under the Gramm-Leach-Bliley Act, Pub. L. 106-102 (GLB), invoking the Commission's jurisdiction, as set forth in section 505(a)(7) of the Act.
CDT has recently completed a study of online privacy notices in the financial services institutions. As shown in the study, we have found that several mortgage companies are asking for personally identifiable financial information on their Web sites in connection with granting mortgages to consumers. Therefore, under the applicable FTC regulations (16 CFR Ch. I, Subchapter C), these companies are establishing "customer" relationships [313.4c(3)(i)(E)]. Accordingly, they companies must , at the time the information is accepted, meet the initial notice requirement and must offer clear and conspicuous notice that accurately reflects the company's privacy policies and practices.
In particular, CDT has found that as of August 28, 2001 the following mortgage companies did not offer proper clear and conspicuous initial notice to customers on their Web sites:
CDT has emailed each of these companies to inform them that they may be in breech of the law, but has not received a response.
Request for Relief
CDT requests that the Federal Trade Commission initiate an investigation into the compliance by the above named companies with the privacy requirements of GLB, order any companies not posting required notices to do so forthwith, and such other action as the Commission finds necessary.
Respectfully submitted,
Ari Schwartz
Associate Director
Center for Democracy and Technology
1634 I Street NW
Washington, DC 20006
(202) 637-9800
http://www.cdt.org
Submitted to:
Donald Clark
Office of the Secretary
Federal Trade Commission
6th Street & Pennsylvania Ave NW
Washington, DC 20580
August 29, 2001
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The Center For Democracy & Technology 1634 Eye Street NW, Suite 1100 Washington, DC 20006 (v) 202.637.9800 (f) 202.637.0968 Contact CDT Copyright © 2005 by Center for Democracy and Technology. |