TITLE

A New Frontier: Litigation Over Data Breaches

PUB. DATE
July 2009
SOURCE
Venulex Legal Summaries;2009 Q3, p47
SOURCE TYPE
Law
DOC. TYPE
Article
ABSTRACT
The article warns corporate clients that the U.S. Federal Trade Commission (FTC) and individuals are ready to go to court because of data security breaches. It examines the FTC's authority under the Federal Trade Commissions Act while the second part explains when these types of litigation are difficult to resolve as cited in particular cases. The Act empowers the FTC to prevent the use of unfair methods of competition by entities involved in commerce and penalizes practices involving data breaches due to lax data security.
ACCESSION #
45126153

 

Related Articles

  • FTC V. LABMD: FTC JURISDICTION OVER INFORMATION PRIVACY IS "PLAUSIBLE," BUT HOW FAR CAN IT GO? FRECHETTE, PETER S. // American University Law Review;Jun2013, Vol. 62 Issue 5, p1401 

    The article discusses U.S. Federal Trade Commission (FTC) jurisdiction over information privacy in America in relation to the U.S. District Court for the Northern District of Georgia's ruling in the 2012 case FTC v. LabMD Inc. which deals with administrative subpoenas and an FTC investigation...

  • THE AGENCY THAT STEPPED UP. Sustar, Lee // SC Magazine: For IT Security Professionals (15476693);Mar2015, Vol. 26 Issue 3, p21 

    The article examines the role played by the U.S. Federal Trade Commission in enforcing data privacy laws and regulations. Topics discussed include the commission's enforcement authority over data breaches, legal actions filed against private sector organizations for failing to protect consumer...

  • The Rise of Unfair and Deceptive Trade Practice Act Claims. Gilleran, Michael C. // Business Torts Journal;Fall2011, Vol. 19 Issue 1, p3 

    The article focuses on U.S. laws that provide for unfair and deceptive trade practice acts (UDTPAs). It mentions that twenty-three states are now implementing these laws which are similar to the Federal Trade Commission Act (FTC) Act). These laws reportedly allow increased remedies and rights of...

  • Tipping the Scales: Judicial Encouragement of a Legislative Answer to FTC Authority over Corporate Data-Security Practices. Bender, David J. // George Washington Law Review Arguendo;Sep2013, Vol. 81 Issue 5, p1665 

    For the first time in more than a decade of data-security enforcement actions under section 5 of the Federal Trade Commission Act, a corporation has decided to litigate the nature and extent of the Federal Trade Commission's ("FTC") authority over corporate data-security practices. Instead of...

  • FTC's Recent Enforcement Cases for Misleading Recycled Content Claims. Bergeson, Lynn L. // Pollution Engineering;Sep2014, Vol. 46 Issue 9, p11 

    The article discusses initiatives taken by the U.S. Federal Trade Commission (FTC) for ensuring compliance with its Guides for the Use of Environmental Marketing Claims. It is noted that the FTC has recently settled two cases with firms American Plastic Lumber Inc. (APL) and N.E.W. Plastics...

  • The Elements of a Policy Statement on Section 5. Averitt, Neil W. // Antitrust Source;Oct2013, Vol. 13 Issue 1, p1 

    The article reviews the present debate regarding a policy statement to define Section 5 of the Federal Trade Commission Act and proposes general principles and specific language that can go into such a statement. Topics discussed include Commissioner Joshua D. Wright's proposal of his own draft...

  • PSYCHICS, RUSSIAN ROULETTE, AND DATA SECURITY: THE FTC'S HIDDEN DATA-SECURITY REQUIREMENTS. Stegmaier, Gerard M.; Bartnick, Wendell // George Mason Law Review;Spring2013, Vol. 20 Issue 3, p673 

    The article discusses that the U.S. Federal Trade Commission's (FTC) data security failures pose constitutional issues related to fair notice of the data-security that violates the U.S. Federal Trade Commission Act (FTC Act). Rulemaking is an effective measure to resolve such issues, as it...

  • Fight or Comply: The Federal Trade Commission's Power to Hold Companies Liable for Data Security Breaches. Sargent, Sarah // Journal of Corporation Law;Winter2016, Vol. 41 Issue 2, p529 

    The article examines the U.S. Federal Trade Commission's (FTC) power to hold companies liable for data security breaches in the country. Topics discussed include introduction of the Federal Trade Commission Act; the U.S. court case "LabMD Inc. v. FTC" concerning FTC's data security regulations;...

  • Federal Trade Commission: Timeshare Fraud.  // Travel Law Quarterly;Jun2011, Vol. 3 Issue 2, p120 

    The article reports on the case filed by U.S. Federal Trade Commission (FTC) against Vacation Property Services Inc., two related companies, and their principals on the issue of timeshare fraud. It says that the defendants have violated the FTC Act and Telemarketing Sales Rule by calling...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics