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NEW STUFF
(Detroit News)
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Memorandum to our Members:
As many of you know, the American Bar Association has challenged in federal district court in the District of Columbia the FTC's view that lawyers who provide real estate, tax and any other financially related advice to individuals are covered by the privacy provisions of the Gramm-Leach-Bliley Act ("Act"). I attended the oral argument a few weeks ago, it went well for
us and I am optimistic about the outcome.
Last Friday the Court advised us that it would be releasing its opinion in mid-July but that it was "concerned" about the July 1 deadline for filing annual privacy notices. To address this concern, our lawyers have prevailed upon the FTC to issue a letter stating that it will not bring an enforcement
action against any lawyer for failing to comply with the notice provisions of the Act prior to the Court's forthcoming decision.
You can read the letter yourself at
http://www.abanet.org/poladv/glbfactsheet/amnestyletter.pdf, but as I read the FTC's letter, it means that if you missed the July 1 deadline this year for sending notices of your "privacy policy" to your individual clients, you will not be subject to an enforcement action by the FTC--even if its interpretation is eventually sustained by the courts.
Of course, I am hopeful that the FTC's view that lawyers are covered by the Act will be struck down by the DC federal court and upheld on appeal. I will let you know as soon as the court renders its opinion.
Alfred P. Carlton, Jr.
President, American Bar Association
For more information on Gramm-Leach-Bliley Act please go to
www.abanet.org/poladv/glbfactsheet.html
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