FTC’s Unfairness Claim is Dismissed in Closely Watched Device Data Privacy-Based Action

FTC’s Unfairness Claim is Dismissed in Closely Watched Device Data Privacy-Based Action

Oct 10, 2017

Client Alert

Brownstein Client Alert, October 10, 2017

The January 5, 2017, Complaint filed by the Federal Trade Commission (“FTC”) in the U.S. District Court for the Northern District of California (“Court”) against D-Link Corporation and D-Link Systems, Inc. (Federal Trade Commission v. D-Link Corp., case number 3:17-cv-00039) is going to proceed beyond the initial pleading phase. On September 19, 2017, Judge James Donato issued his ruling to the Motion to Dismiss filed by D-Link Systems on January 31, 2017. While the order gives both parties standing to claim a victory, the substance of the order is an interesting roadmap to FTC privacy-related cases and it directly addressed the fact that the FTC failed to identify any actual consumer harm.

To read the full alert, please click the PDF above. 

Meet The Team

Richard B. Benenson Shareholder T 303.223.1203 rbenenson@bhfs.com
Evan M. Rothstein Shareholder T 303.223.1116 erothstein@bhfs.com
Jonathan C. Sandler Shareholder T 310.564.8672 jsandler@bhfs.com