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ABA President Responds To "Red Flags" Rule

•  National News     updated  2009/07/29 11:20


In a statement released today, ABA President H. Thomas Wells, Jr. responds to the FTC announcement of the 90-day delay in enforcement of the "red flags" regulation calling it a "vital step."

"This temporary reprieve is important to all in the legal profession. However, the FTC’s continued assertion that it can, as it sees fit, regulate lawyers under the “red flags” provisions is troubling, and unacceptable to the ABA. It undercuts an unbroken history of strong regulation by state bars and supreme courts. It threatens the independence of the profession from federal controls, independence that is fundamental to the lawyer’s role as client confidante and advocate. And it goes against Congress’ intent when the law was passed.

"The ABA and its counterparts at the state and local levels will continue to work with Congress to clarify that this rule should not apply to lawyers. And if necessary, the ABA remains prepared to take the issue to the courts for a final resolution."

The rules require businesses and organizations that act as "creditors" to establish a program for preventing identity theft. Lawyers believe they place an undue burden on them.








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