In one of two highly watched cases involving the FTC and data security, the Commission has denied LabMD’s motion to dismiss the FTC’s complaint. In their order denying LabMD’s motion, the Commission writes: Respondent LabMD, Inc. (“LabMD”) has moved to dismiss the Complaint in this adjudicatory proceeding, arguing that the Commission has no authority to address…
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Back at FTC v. LabMD, a commissioner recuses herself
In one of the FTC enforcement actions I’ve been following, there has been another development. On December 17, LabMD moved to disqualify Commissioner Julie Brill from hearing the case, claiming her public statements that specifically mention the case show she has prejudged the case. The FTC responded to the motion, here, opposing the motion, but…
FTC vs. LabMD update
Two more court filings in FTC vs. LabMD are now available online: the FTC’s Opposition to LabMD’s Motion to Stay Proceedings and LabMD’s reply to FTC’s response opposing LabMD’s motion to dismiss the complaint with prejudice and to stay the proceedings. The latter is of more interest to me right now, but I am putting off a…
LabMD v. FTC update
The latest updates to a case this blog has been following: The FTC has responded to LabMD’s motion for a protective order to quash numerous subpoenas for discovery and to dismiss the complaint with prejudice. On the matter of the protective order, the court granted in part and denied in part, and denied the request…
Meanwhile, in FTC v. LabMD….
Just to keep everyone apprised on developments in the case this month: LabMD filed a motion to quash 35 subpoenas that had been issued on one day. And on November 12, LabMD filed its motion to dismiss the FTC complaint with prejudice and to stay administrative proceedings. In their motion to dismiss, LabMD raises essentially the same arguments that…
LabMD Responds to FTC Complaint: Claims Agency Lacks Enforcement Jurisdiction
Just received this press release from Cause of Action with LabMD’s response to FTC’s complaint: Cause of Action (CoA), a government accountability organization, filed an answer to an aggressive and arbitrary enforcement action brought by the Federal Trade Commission (FTC) against LabMD, a small cancer diagnosis company. CoA is defending LabMD against a complaint brought by the FTC in…