OOA Joins National Red Flag Rule Lawsuit

The OOA has joined the American Osteopathic Association,  the American Medical Association and several other national and state associations in supporting the American Bar Association's lawsuit challenging the Federal Trade Commission's (FTC) Red Flag Rule.  

The FTC rule considers physicians to be “creditors,” thereby requiring them to establish procedures to protect against consumer identity theft or collecting payment in full from patients in advance of service. The associations ague that:

  • the text of the Congressional act demonstrates that the FTC has no statuory authority to apply the Red Flag Rule to professionals;
  • additional principles of the original legislation confirm that the FTC has no authority to apply the rule to professionals; and
  • sound public policy supports the decision of Congress not to grant the FTC authority to apply the Red Flags Rule to professionals.

Click here to see a copy of the time-stamped brief:  Red Flag Amicus

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