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ARTICLE · 24 NOVEMBER 2016

Eleventh Circuit Grants Stay Of FTC Enforcement Order In Security Breach Case

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The appeal presents the question of what types of harm in security breach cases qualify under the "unfairness" prong of the FTC act.

United StatesPrivacy

On November 10, the United States Circuit Court of Appeals for the Eleventh Circuit granted a stay pending appeal of the Federal Trade Commission's ("FTC") enforcement order against a medical testing company. The FTC initially brought an action against the company for allegedly exposing the personal and billing information of more than 9,000 consumers on a peer-to-peer file-sharing network. The appeal presents the question of what types of harm in security breach cases qualify under the "unfairness" prong of the FTC act.

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