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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: consumer harm

Posted in Consumer Privacy, Privacy & Security Litigation

Court Trims FTC Complaint Asserting Deception and Unfairness Claims

Last week, the U.S. District Court for the Northern District of California dismissed three of six claims the Federal Trade Commission asserted against D-Link Systems related to its sale of routers and IP cameras and related software and services. The decision has implications for the pleading standards courts use to evaluate such claims at the motion to dismiss stage and for the FTC’s assertion of unfairness claims based on alleged likelihood of substantial consumer harm.

Posted in Consumer Privacy, Privacy & Security Litigation

FTC Unanimously Overturns Dismissal of LabMD Security Practices Case

In a case that could have far-reaching implications for how companies are held liable for data security lapses, the FTC issued an order and opinion unanimously overturning its Chief Administrative Law Judge’s (ALJ) November 2015 dismissal of charges that LabMD’s allegedly lax data security measures were unfair practices under Section 5 of the FTC Act (see our coverage of […]