Online Check Providers Under Fire by FTC

Online financial services are both a convenient and dangerous industry. While they have undoubtedly improved the availability of personal financial tools for millions of Americans, they have also provided anonymous tools for identity thieves and fraudsters to victimize both personal and professional financial accounts. The U.S. Federal Trade Commission (FTC), along with the entire financial security industry, has been striving to keep up with the rate of financial cybercrime. This has lead to the development of the Red Flags Rule, which will impose a nationwide standard of fraud prevention in 2010. The Red Flags Rule will insist that businesses, both retail and online, step up to be more accountable in the fight against identity fraud.

Some businesses, though, have not jumped on board this movement quite so thoroughly. An article by PC World  highlights a civil contempt complaint being filed by the FTC against Thomas Villwock and James Danforth of G7 Productivity Systems. The defendants’ website, Qchex.com, issued electronic checks and delivered them without verifying the identities of the people writing them.

PC World writes that criminals both domestic and international used the check service to make illegal withdraws from victims’ accounts as part of wire transfer schemes. The FTC took legal action against Qchex in January, which resulted in a $535,358 fine and a court order to implement fraud prevention securities, which Qchex “disregarded” according to the FTC. The business continues to operate unsecured at FreeQuickWire.com.

Qchex appealed the court’s ruling in January, stating that it cannot be held responsible for the actions of Qchex users. The company said, “The Qchex system consisted of nothing more than software and a website, sitting dumb and inactive unless and until a user chose to use it…. It is this unlawful activity that is the cause of any consumer injury here.”

The defendants have been ordered to appear in court on February 16.

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