Phyllis Marcus provides commentary on the FTC’s response brief in LabMD’s appeal of an FTC finding that the company’s disclosure of sensitive personal and health information worked a “concrete” and cognizable consumer harm. Marcus explains to Bloomberg Law the FTC’s sliding scale construct of consumer injury, with “probability [of harm] on one axis and magnitude [of harm] on the other, so that lower probability of injury suffices if  the magnitude of injury is sufficiently great.”

Read FTC Urges Eleventh Circuit to Toss LabMD’s Data Security Enforcement Challenge, Bloomberg BNA, February 13, 2017. (subscription)