Wednesday, October 28, 2009

FTC Reg Flag Rule Effective on November 1, 2009

From the New Jersey Law Journal:

FTC RULE WILL REQUIRE IDENTITY THEFT PROGRAMS AT LAW FIRMS

Starting Nov. 1, lawyers around the country will be required to comply with a new Federal Trade Commission rule aimed at spotting the warning signs of identity theft, though bar organizations are lined up against applying the "Red Flags Rule" to attorneys. The rule implements a statute that requires businesses and organizations that act as "creditors" to establish programs for preventing identity theft, and the FTC construes "creditors" to include lawyers, doctors and other professionals who bill for their services rather than demand payment on the spot. State bar associations, including New Jersey's, have passed resolutions opposing the FTC's interpretation and the American Bar Association sued the agency in August, claiming it exceeded its mandate and acted arbitrarily and capriciously by including lawyers in its definition of creditors.

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