Heads of the FTC Push Back on Chief Administrative Law Judge and Find Consumer Harm in LabMD Data Leak

Heads of the FTC Push Back on Chief Administrative Law Judge and Find Consumer Harm in LabMD Data Leak

Aug 03, 2016

Client Alert

Brownstein Client Alert, August 3, 2016

On July 29, 2016, the three Federal Trade Commission (“FTC”) commissioners vacated their chief administrative law judge’s bold decision to dismiss the agency’s action against a medical testing lab, LabMD, In the Matter of LabMD Inc., No. 9357. The commissioners concluded that LabMD’s data security practices were unreasonable and constituted an unfair act or practice that violated Section 5 of the Federal Trade Commission Act. More importantly, the commissioners’ decision addressed the issue of standing when there has been no affirmative showing of harm in data breach cases.

Click on PDF above to read entire article.

Meet The Team

Richard B. Benenson Shareholder T 303.223.1203 rbenenson@bhfs.com
Jonathan C. Sandler Shareholder T 310.564.8672 jsandler@bhfs.com