On August 20, 2010, the American Bar Association filed a brief in D.C. Circuit Court responding to FTC claims that lawyers should be required to comply with the “red flag” rules requiring financial institutions and creditors to develop and maintain identity theft prevention programs. The issue is before the D.C. court on an appeal by the FTC of a 2009 ruling in D.C. district court that found that the FTC’s interpretation of the law, which would cover lawyers, was unreasonable. In its August 20 filing, the ABA argued that the FTC cannot regulate the practice of law until such time as Congress gives the FTC an “unmistakably clear” grant of authority to do so. No oral argument date as been set, but the FTC will have a chance to respond to the ABA’s brief by September 21, 2010.