From: Ropes & Gray

Article by Douglas  Meal, Mark P. Szpak, James S. DeGraw and David M. McIntosh

In taking action against medical laboratory LabMD, the U.S. Federal Trade Commission demonstrated its continued intent to assert authority through the Federal Trade Commission Act in data-security-breach actions. On August 29, 2013, the FTC announced the filing of an administrative complaint alleging that LabMD failed to take reasonable measures to protect sensitive consumer information. The LabMD action is notable because almost all other actions in which the FTC has made similar allegations have settled without being litigated.

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