FED. TR. COMM'N v. KEPPEL BRO

1 Analyses of this case by attorneys

  1. LabMD Attempt to Overturn FTC Decision Declared an Unripe Claim

    Holland & Knight, LLPRichard RaysmanMay 28, 2014

    In rejecting the argument the FTC did not have the authority under the enabling statute to decree that data security practices constitute "unfair acts or practices," the FTC Commissioners noted that "courts have long recognized … [n]either the language nor the history of the [FTC Act] suggests that Congress intended to confine the forbidden methods to fixed and unyielding categories." See FTC v. R.F. Keppel & Bro., Inc., 291 U.S. 304 (1934) (internal quotations omitted). As a result, the FTC retained the authority to expand the definition of "unfair … acts or practices" to include data security practices.