Category Archives: FTC

11th Circuit Issues LabMD Decision, and Wants More Specificity

The long-anticipated decision in LabMD v. FTC has finally arrived. The 11th Circuit held that the FTC’s cease-and-desist order against LabMD is unenforceable:

In sum, assuming arguendo that LabMD’s negligent failure to implement and maintain a reasonable data-security program constituted an unfair act or practice under Section 5(a), the Commission’s cease and desist order is nonetheless unenforceable. It does not enjoin a specific act or practice.… More