February 5, 2018
Partner Alysa Hutnik
was quoted in the Law360
article “What The New FTC Means For 'Open Internet' Enforcement.” The article discusses three things you should know as the FCC hands off enforcement against online abuses largely to the FTC. “The FCC-to-FTC handoff may not represent a significant sea change since the FTC policed harms against online consumers prior to the 2015 Open Internet Order,” Alysa noted.
“Following a data breach that affected users of adultery website Ashley Madison, the FTC examined the real and direct consequences of the resulting reputational harms, she said. The probe and resulting settlement shows the FTC is willing to look at less tangible harms that go beyond economic damages. The FTC could also apply its expertise to scrutinizing ISPs’ advertising and sales methods to determine whether customers have been swindled by their providers. After all, many FTC probes focus on whether a company intentionally misled consumers or omitted key details about their products and services,” she said.
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