Real Estate Broker Fined $35,000 for Data Protection Failures

Last month the Federal Trade Commission finalized a $35,000 settlement with Gregory Navone, a small real estate broker who threw 40 boxes of customer tax returns, bank statements, consumer reports and other financial records into a dumpster located behind an office building in Las Vegas.   Despite what the ads say, this just goes to show you that what happens in Vegas doesn’t always stay in Vegas.

In resolving this complaint, Navone agreed to the fine (approximately $875 per box) and committed to adopting a comprehensive “written information security program.”  For those of you who read our last article on the Massachusetts Data Protection Regulations going into effect on March 1, this should sound really familiar.

There’s a lot more to learn from this case, however, than simply noting we shouldn’t be as foolish in our dumpster habits as was Navone.   The FTC’s investigation of Navone extended deep into his business operations, uncovering many additional violations of the law:

• he failed to implement physical and electronic security procedures over sensitive customer data, and
• he failed to take reasonable steps to secure customer records stored  in his home’s garage.

Once again, readers of our last article should easily recognize the similarities with the latest Massachusetts regulations.  Although Navone’s problems arose under several federal regulations (the FTC and Federal Credit Reporting Acts), the requirements are very similar.  It’s also especially interesting  that the FTC’s claims also encompassed Navone’s failure to comply with his own customer policies, which read in part:

We take our responsibility to protect the privacy and confidentiality of customer information very seriously. We maintain physical, electronic, and procedural safeguards that comply with federal standards to store and secure information about you from unauthorized access, alteration and destruction.

If I were in Vegas right now, I’d consider it pretty safe to bet that Massachusetts regulators will take a similar approach with the enforcement of its laws.  Navone either consciously ignored his obligations under the law, or believed he was such a small operator that his lack of compliance would never be discovered.  Like so many who gamble in Vegas, he lost.

If you’re operating a business in Massachusetts, I encourage you to avoid acting like Navone – especially if you can’t afford to lose $35,000 or more (plus the cost of hiring an attorney)  in making your bet.

Jack Speranza is an attorney, software engineer and entrepreneur.   For 15 years he has helped his companies and clients strike the right balance between risk and reward by weaving good business, good technology and good law into new services and operations.

the 5 essential ingredients for building a successful business

One of the first businesses I helped launch appealed to a personal passion –  gastronomic delights.  I’m no culinary DaVinci, but learned early in life that at the core of every great dish is a blend of quality ingredients.  Creating a successful business is really no different, and here’s my take on the 5 essential ingredients the business “chef” must incorporate into every masterpiece:

1)  BLEND PRACTICALITY WITH PASSION
If people are hungry enough, they’ll eat just about anything put in front of them.  Take away that hunger or lead them to a smorgaasbord, however, and they quickly gravitate to what they need and want most.  This behavior is very practical, and holds true for business.

The successful “business chef” understands this need to satisfy the practical, but gets his / her “dish” to stand out from all the others by being innovative or different in a meaningful way.  They get there from the passion they carry for what they do, by empowering their employees (instilling a sense of “ownership” in their roles) and never, never compromising on their standards.

2)  START WITH ADEQUATE RESOURCES
A good chef understands you can’t create a dish for 12 when you only have enough ingredients for 6.  A creative chef might be able to eke out an additional serving or 2, but if 12 is the number, he or she will head to market to get what’s needed (or welcome that last minute cancellation).

Business is no different.   Effective bootstrapping is like the great chef eking out that extra serving or two.  In the end, it’s no substitute for having enough ingredients on hand.

3)  MIX IN MARKETING & CUSTOMER FOCUS
You’re going to have to come up with the food analogy for this one!  Successful businesses understand that top-line revenue generation and customer focus go hand in hand.  The most difficult and expensive part of building a customer relationship lies in acquisition.  Successful businesses will “advertise” for impact.   They understand the distinction between “lowest cost” and “highest value.”  They find ways to be memorable in the minds of their target customer.   This might mean being first, being different, or being daring.  

Once their customer is acquired, these businesses are expert at building repeat business.  They are expert at cross-selling other goods or services.  They are expert at leveraging the good will they have built up through these relationships to acquire more customers through word of mouth.  At the core of each is a customer-centric culture that naturally builds and sustains top-line revenues.

4)  SPRINKLE IN THE COMPANY YOU KEEP
Even the Iron Chef can’t do it all (you’ll have to check out the Food Network if you don’t understand this reference).

Successful organizations hire selectively.  Recruiting and retaining smart, reliable, coachable, and trustworthy individuals that “fit” into your culture is absolutely essential to your success.  On the flip side, nobody’s perfect.  Being able to quickly recognize a hiring mistake and removing those who don’t fit the bill is equally critical. 

5)  PLATE FOR PRESENTATION (ATTENTION TO DETAIL)
Culinary masterpieces not only taste exquisite, but are often visual works of art.   Great dishes assault all the senses. 

Successful businesses pay similar attention to every detail.  They publish and enforce “Operations Manuals.”  They operate under strict internal financial controls, monitoring and forecasting their cash flows religiously.  They never settle for “good enough” or compromise on their standards.

The specialty food store and café I helped launch contained all of these ingredients (some more than others).  We ultimately adapted our vision to respond to the needs of the marketplace, and successfully sold the operation to a new owner.  This new “master chef “ should have been better suited to growing the business in the direction the market was taking it.  He stopped using several of these key ingredients, however, and recently ended his story on a less successful note.  The moral of the story?  My vote is ”stick with the recipe.”  What’s yours?