Alston & Bird Privacy, Cyber & Data Strategy Blog

Federal Trade Commission (FTC)

LabMD Wins Discovery Disputes Against FTC; FTC Compelled to Disclose Data Security Standards

By

In the latest chapter of the ongoing battle between the FTC and LabMD, Inc. (“LabMD”) about the FTC’s claim that LabMD violated the FTC Act’s Section 5 bar on “unfair” acts or practices because of its allegedly inadequate data security practices, an administrative law judge overseeing the FTC’s administrative action against LabMD recently issued two […]

FTC Invites Public Comments on Mobile Security

By

On April 17, 2014, the Federal Trade Commission (“FTC”) issued a press release, announcing that the FTC is seeking public comments to explore mobile security issues. The press release refers to the mobile security forum held last year to examine the state of mobile security (the “Forum”). In the press release, the FTC invites comments from […]

LabMD’s Federal Court Actions Against the FTC Dismissed

By

LabMD is back in the news. This time, however, it’s not the FTC’s administrative action against LabMD that’s making headlines. (For information about the administrative action, please see our prior posts here and here.) Instead, LabMD’s federal court actions against the FTC – one in the United States Court of Appeals for the Eleventh Circuit and […]

FTC Denies LabMD’s Motion to Dismiss

By

The FTC – in a decision that should surprise no one – refused to dismiss its administrative complaint (“Complaint”) against LabMD. This case – like the FTC’s case against Wyndham Worldwide – illustrates the continuing fight regarding the scope of the FTC’s power for regulate inadequate data security practices. In particular, this decision is important because it […]

FTC Settles With Children’s Entertainment Company Over Safe Harbor Lapse

By

February 11, 2014 – The FTC today announced a proposed settlement with Fantage.com Inc., a children’s online entertainment company that allegedly misrepresented its adherence to the U.S.-European Union Safe Harbor Framework (the “Framework”).  According to the FTC’s complaint, Fantage made statements in the privacy policy its website that it followed the privacy principles of the Framework, when […]