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AMERICAN BAR ASS'N v. F.T.C.

No. 10-5057.

636 F.3d 641 (2011)

AMERICAN BAR ASSOCIATION, Appellee v. FEDERAL TRADE COMMISSION, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 4, 2011.

Attorney(s) appearing for the Case

Michael D. Bergman , Attorney, Federal Trade Commission, argued the cause for appellant. With him on the briefs were Willard K. Tom , General Counsel, and John F. Daly , Deputy General Counsel for Litigation.

Mark D. Harris argued the cause for appellee. With him on the brief was James F. Segroves .

Jack R. Bierig was on the brief for amici curiae American Medical Association, et al. in support of appellee.

Matthew M. Wright was on the brief for amici curiae State and Local Bar Associations in support of appellee.

Daniel E. Loeb was on the brief for amicus curiae American Institute of Certified Public Accountants in support of appellee.

Opinion for the Court by Senior Circuit Judge EDWARDS.

EDWARDS, Senior Circuit Judge:

The Fair and Accurate Credit Transactions Act of 2003 ("FACT Act"), Pub.L. No. 108-159, 117 Stat.1952, amended the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., and authorized the Federal Trade Commission ("FTC" or "Commission") to promulgate regulations requiring financial institutions and creditors to establish internal procedures to prevent identity theft. In November 2007, following notice-and-comment rulemaking...

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