Cause of Action Statement on Federal Trade Commission’s Request for More Authority

FOR IMMEDIATE RELEASE

CONTACT: Kevin Schmidt, 202-499-2414

kevin.schmidt@causeofaction.org

Cause of Action Statement on Federal Trade Commission’s Request for More Authority

WASHINGTON – Cause of Action (CoA), a government accountability organization, issued the following statement from Senior VP of Litigation Reed Rubinstein regarding the Federal Trade Commission’s request for Congress to pass legislation expanding the commission’s oversight and jurisdiction:

“For decades the FTC has been asking Congress for more authority and when denied the expanded jurisdiction, they choose to act anyway, defying lawmakers. The agency has shown a propensity to engage in burdensome and malicious investigations, including their most recent actions against LabMD involving data security, despite the fact Congress denied their request in 2000 and has never approved it.”

CoA is also defending LabMD against a complaint brought by the FTC based, in part, on allegations that a third party was able to obtain data from LabMD’s computers through the peer-to-peer (P2P) file sharing program LimeWire. LabMD argues that the FTC lacks the authority to regulate patient-information. The FTC has attacked LabMD without publishing any data-security regulations or standards and with the knowledge that LabMD’s data security practices are regulated by the U.S. Department of Health and Human Services (HHS).  HHS has never suggested that LabMD violated any patient information data-security regulations or requirements.

Last month, CoA filed a Complaint for Declaratory and Injunctive Relief in the U.S. District Court for the District of Columbia, on behalf of LabMD, seeking to stop the Federal Trade Commission’s (FTC) extralegal abuse of government power.

The lawsuit along with the previous filings on behalf of LabMD, can be found here.

About Cause of Action:

Cause of Action is a non-profit, nonpartisan government accountability organization that fights to protect economic opportunity when federal regulations, spending and cronyism threaten it. For more information, visit www.causeofaction.org.

About LabMD:

LabMD is a cancer detection facility that specializes in analysis and diagnosis of blood, urine, and tissue specimens for cancers, micro-organisms and tumor markers. You can find out more about their battle with the FTC here.

 

To schedule an interview with Cause of Action’s Executive Director Dan Epstein, contact Kevin Schmidt, kevin.schmidt@causeofaction.org

Statement: Cause of Action fights for transparency, pushes back against Judicial, Legislative & Executive Branch

The federal government does not want the American people to know what caused the financial crisis.  Cause of Action believes Americans have a right to know what their government is up to and, through the Freedom of Information Act, sought to access the records of the Financial Crisis Inquiry Commission, currently held at the National Archives.  In our battle with the National Archives, we have been opposed by all three branches of the federal government: the Executive (through the Archives), the Judicial (via the trial court), and the Legislative (through the House leadership’s decision to oppose Cause of Action’s lawsuit).  ‘The most transparent administration in American history’ does not believe that the public has a right to know just what caused our nation’s most significant financial crisis since the Great Depression.  Cause of Action is committed to pursuing the release of these documents and holding the government accountable for blocking our access.

We filed our Reply Brief in the United States Court of Appeals for the District of Columbia on December 4, 2013.

Click here to see all of the related documents.

Related Documents: National Archives’ Control of the Financial Crisis Inquiry Commission Documents

On October 3, 2011, Cause of Action requested via FOIA from NARA “all documents, including e-mail communications, memoranda, draft reports, and other relevant information and/or data contained in the records transfer of Financial Crisis Inquiry Commission documents stored at NARA to the Committee on Oversight and Government Reform at the U.S. House of Representatives.” After exhausting administrative appeals to NARA’s denial of the documents, CoA filed suit in the US District Court against NARA on August 14, 2012. NARA filed a request for a dismissal of the case and Judge Boasberg granted NARA’s request for dismissal on March 1, 2013. CoA appealed the decision on April 29, 2013. The DC Circuit ruled for NARA on May 23, 2014.

United States Court of Appeals for the District of Columbia Circuit

Opinion (May 23, 2014)

Opposition (January 24, 2014)  to NARA’s motion to strike two arguments from the reply brief

Per Curiam Order (January 15, 2014): Consideration of the motion to strike two new arguments be deferred pending oral argument schedule February 19, 2014.

Reply Brief (December 4, 2013)

NARA Appellee’s Brief (November 15, 2013)

Bipartisan Legal Advisory Group (BLAG) (November 22, 2013)

Opening Brief (October 1, 2013)

United States District Court for the District of Columbia

Notice of Appeal (April 29, 2013)

Memorandum Opinion (March 1, 2013)

Complaint (August 14, 2012)

FOIA Request to National Archives

NARA Denial of Appeal (February 6, 2012)

NARA Acknowledgement of Appeal (January 10, 2012 )

CoA Appeal (January 5, 2012)

NARA Denial (December 1, 2011)

FOIA Request (October 3, 2011)

House Oversight and Government Reform Request for FCIC Records (February 18, 2011)

 

Related Documents: Zucker v. CPSC

Craig Zucker’s Case before the CPSC (not represented by CoA)

May 9, 2014: Craig Zucker and CPSC Settlement

Consent Agreement between Craig Zucker and CPSC

United States District Court for the District of Maryland

NFIB adopts U.S. Chamber Amicus Brief (April 11, 2014)

US Chamber Amicus Brief (April 8, 2014)

Response to Government’s Motion to Dismiss (February 28, 2014)

CPSC Motion to Dismiss (January 14, 2014)

CPSC Memo in Support (January 14, 2014)

Complaint (November 12, 2013)

FOIA Request

FOIA Complaint (April 1, 2014)

FOIA Request to CPSC (November 12, 2013)

Petition for Disclosure and Correction in accordance with the Information Quality Act (IQA)

Information Quality Act Appeal (April 14, 2014)

CPSC Response to IQA Petition (January 10, 2014)

Information Quality Act Petition (November 12, 2013)

 

Dan Epstein on WIBA-AM Upfront w/ Vicki McKenna 11/22/2013

Executive Director Dan Epstein discussing the CPSC’s targeting of Buckyballs.

Dan Epstein on WIBA-AM Upfront w/ Vicki McKenna 11/22/2013

Executive Director Dan Epstein discussing Enroll America.

Related Documents: Forest City Enterprises

All of the documents from our investigation of Forest City Enterprises.

FOIA Requests

District of Columbia Office of the Deputy Mayor for Planning and Economic Development (DMPED)

Request 1

FOIA Request (June 26, 2013)

Response Letter (July 18, 2013)

Documents (July 18, 2013)

Request 2

FOIA Request (August 2, 2013)

Documents (August 23, 2013)

Council of the District of Columbia

FOIA Request (August 6, 2013)

Response Letter (September 4, 2013)

Documents (September 4, 2013)

District of Columbia Executive Office of the Mayor

FOIA Request (August 6, 2013 )

Response Letter (September 13, 2013)

Documents (September 13, 2013)

Empire State Development Corporation (New York)

Request 1

FOIL Request (April 17, 2013 )

Response Letter (May 16, 2013)

Documents (May 16, 2013)

Request 2

FOIL Request (August 8, 2013)

Awaiting Documents

Dallas (TX) City Hall

Public Information Act Request (August 12, 2013)

No Responsive Documents

Political Spending Data

Forest City Enterprises Political Spending Spreadsheet

FCEGraph

 

FCEtable

FCWDonate

New Rochelle Political Spending

Donations to New Rochelle Mayor Noam Bramson from Forest City Enterprises after they were selected as developer for the Echo Bay project:

Name Date Contribution
Ronald Ratner 8/1/2007 $1,000
Charles Ratner 8/1/2007 $1,000
James Ratner 8/1/2007 $1,000
Brian Ratner 8/1/2007 $1,000
Deborah Ratner Salzberg 8/1/2007 $1,000

Donations to New Rochelle Mayor and candidate for Westchester County Executive Noam Bramson from Forest City Residential Group’s Echo Bay project consultants:

Name Date Contribution Relationship
Andrew Tung

1/10/2013

$1,250

Planner and Site Engineer
Gerhard Schwalbe

1/10/2013

$1,250

Planner and Site Engineer
KSQ Architects

1/10/2013

$2,500

Architect
Tocci Building

1/10/2013

$5,000

Construction Consultant
Roux Associates

1/10/2013

$1,000

Environmental Resources Consultant
DDWWW

12/22/2012

$1,500

Lobbyist and Legal Counsel
DDWWW

7/2/2013

$5,000

Lobbyist and Legal Counsel
Total

$17,500

Ridge Hill Development

Representative Darrell Issa and Representative Lamar Smith letter to Honorable Preet Bharara, United States Attorney, Southern District of New York regarding allegations of favoritism in decision not to charge Forest City Ratner in bribery scheme

March 20, 2010 Letter

US v. Annabi and Jereis

Forest City Ratner named as “Developer No. 2”

Indictment

Superceding Indictment

SDNY Press Release

Trial transcripts

Part I

Part II

Part III

Part IV

Other Documents

Atlantic Yards

New York City Independent Budget Office Analysis of Barclays Center

Community Benefits Agreement

Figure 1: The Atlantic Yards Project Targeted Employment Area for EB-5 violates USCIS regulations by crossing all existing political boundaries 

(click to enlarge)

CoA_ForestCityReport_mapsV3

Mesa Del Sol

New Mexico Legislative Finance Committee Analysis of Subsidies

Mesa Del Sol TIDD Audit 2010-2012

City of Albuquerque Resolution amending affordable housing requirements for FCE