American Bar Association v. FTC

Appellees filed a suit challenging the Federal Trade Commission's ("Commission") Extended Enforcement Policy claiming that the Commission had intruded upon an area of traditional regulation when it authorized the Fair Trade Reporting Act ("FACT"), 15 U.S.C. 1681, and that the policy was unlawful absent a clear statement from Congress authorizing federal regulation over the practice of law. Shortly after oral arguments, Congress passed the Red Flag Program Clarification Act of 2010 which expressly amended the FACT Act by changing the definition of "creditor." Therefore, the court vacated the district court's opinion holding that legislation had clearly altered the posture of the case such that there was no longer a live "case or controversy" before the court.