On August 20, the American Bar Association filed its brief in the D.C. Court of Appeals in ABA v. Federal Trade Commission, No. 10-5057. The ABA, as appellee in the case, successfully challenged at the district court level the application of the FTC’s so-called “red flags rule,” which the brief states “imposes substantial obligations [on various entities] to detect, combat, and report signs of identity theft,” to attorneys.
The D.C. Circuit ‘s briefing schedule set September 7 as the deadline for amicus curiae for the ABA’s brief, and September 21 as the deadline for the FTC’s reply brief. Oral argument has not yet been scheduled.
This post was originally published on the legacy ABA Section of Administrative Law and Regulatory Practice Notice and Comment blog, which merged with the Yale Journal on Regulation Notice and Comment blog in 2015.