Cause of Action statement concerning LabMD and denial of preliminary injunction in North District of Georgia

We continue to believe that the FTC is exercising authority it does not have and using its power to punish a company that objected to agency overreach

LabMD Sues Federal Trade Commission

The FTC continues to exemplify the dangers of unbridled federal agency overreach into areas in which they have no authority

Law360: LabMD Slams FTC’s ‘Abuse Of Power’ In Data Breach Probe

FTC continues to act without the authority granted to it by Congress — authority they admitted only last month they do not have

Roll Call: FTC’s Data Security Grab Is Adjudication without Authority

Operating outside the bounds of law should never be tolerated — whether it is snooping data thieves or large government agencies

Wall Street Journal: FTC Cyber Case Has Nearly Put Us Out of Business, Firm Says

“FTC investigation of the alleged data security problems has been onerous”

Statement on FTC Denial of Motion to Dismiss

Cause of Action will continue to fight the FTC’s arbitrary abuse of power in federal court.


Commissioner Brill chose to recuse herself from review of the LabMD proceedings

The Hill: FTC official recuses self from cybersecurity case

Read the full story: The Hill In recent weeks, LabMD and the watchdog organization Cause of Action, which is representing the testing lab, had unearthed speeches in which Brill referenced the ongoing case as an example of ways the FTC was cracking down on lax cybersecurity. They had requested Brill […]

Winston and Strawn: LabMD Files Suit Challenging FTC’s Authority to Regulate Data Security

Read the full story:  Winston and Strawn LabMD joins Wyndham Hotels & Resorts LLC in challenging the FTC’s authority to regulate and punish entities for data security breaches. Like Wyndham, LabMD argues that because the FTC has never issued regulations, standards, or guidelines regarding data security under Section 5, LabMD […]

Steptoe and Johnson: LabMD Goes On Offense Against FTC

Read the full story:  Steptoe and Johnson We reported in September that LabMD (a laboratory services company) became the second company (after Wyndham Hotels & Resorts) to challenge the Federal Trade Commission’s authority to regulate cybersecurity, when it raised this issue in response to an administrative complaint filed by the […]