This insight was initially published in 2022 and updated in August 2024. The Federal Trade Commission (FTC) has continued to ramp up its investigation and enforcement efforts to address unfair or deceptive acts or practices...more
The Federal Trade Commission (FTC) has continued to ramp up its investigation and enforcement efforts in 2022 to address unfair or deceptive acts or practices in the privacy, cybersecurity and consumer protection space. With...more
Earlier this month, the U.S. Supreme Court agreed to hear a pair of cases that provide it with the opportunity to severely restrict the Federal Trade Commission’s (“FTC’s”) authority to obtain equitable money relief in...more
7/27/2020
/ Certiorari ,
Civil Monetary Penalty ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Misleading Statements ,
Popular ,
SCOTUS ,
Unfair or Deceptive Trade Practices
On August 21, 2019, the U.S. Court of Appeals for the Seventh Circuit held in FTC v. Credit Bureau Center, LLC, 2019 WL 3940917 (7th Cir. 2019) that the Federal Trade Commission (“FTC”) lacks authority to obtain monetary...more
10/4/2019
/ Administrative Authority ,
Antitrust Provisions ,
Antitrust Violations ,
Civil Monetary Penalty ,
Competition ,
Cybersecurity ,
Equitable Relief ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Injunctions ,
Misleading Statements ,
Unfair or Deceptive Trade Practices
Amidst mounting pressure to pursue cybersecurity more aggressively, the Federal Trade Commission (“FTC”), the federal government’s most active enforcer in the space, has recently imposed increasingly stringent cybersecurity...more
8/22/2019
/ Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Enforcement Actions ,
Equifax ,
Federal Trade Commission (FTC) ,
Hackers ,
LabMD ,
Litigation Strategies ,
Personally Identifiable Information ,
Settlement Agreements
In June 2018, medical laboratory LabMD obtained the first-ever court decision overturning a Federal Trade Commission (FTC) cybersecurity enforcement action. (The team directing that effort – led by Doug Meal and Michelle...more
3/14/2019
/ Cease and Desist Orders ,
Corporate Counsel ,
Cybersecurity ,
Data Security ,
Enforcement Actions ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FTC Act ,
Injunctive Relief ,
LabMD ,
Popular ,
Remediation
As new legislation aimed at facilitating greater cybersecurity information sharing between private industry and government takes effect (i.e., Cybersecurity Information Sharing Act), FinCEN Director Jennifer Shasky Calvery...more