Trans Union Wins Stay of FTC Order
The Federal Trade Commission has stayed the enforcement of a Feb. 10 order against PerformanceData, the target marketing division of Chicago-based Trans Union LLC, pending a hearing in the U.S. Court of appeals.
The order had stipulated that Trans Union:
* Discontinue distributing consumer reports, including target marketing lists, to anyone not falling under the “permissible purposes” stipulation of the FCRA;
* Keep a five-year record of its compliance efforts;
* Distribute the order to relevant executives within the company;
* For the next five years notifying the FTC at least 30 days prior to any change of control of the company; and
* Delivering an update on its compliance to the FTC within 180 days.
According to the order granting the stay, Trans Union successfully demonstrated that it would likely succeed on appeal; that it would suffer irreparable harm if a stay wasn’t granted; that by not granting it there would be injury to third parties; and that it would be in the public’s interest to have it granted.
“We appreciate the opportunity to have our legal argument heard before the U.S. Court of Appeals prior to any order taking effect,” said Trans Union’s vice president and general counsel Oscar Marquis in a statement.
The company filed its appeal on Tuesday, April 4. No date for the hearing has been set.
