Khan: FTC Scored Key Victory in Privacy Lawsuit Against Kochava
The FTC scored a key enforcement victory in its data privacy lawsuit against Kochava at the motion to dismiss stage, FTC Chair Lina Khan said Wednesday during a Brookings Institution event.
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Khan lauded the U.S. District Court of Idaho for allowing the August 2022 lawsuit to proceed in its order on the motion to dismiss. The FTC alleges the company illegally collected and sold vast amounts of personal information about millions of people. The case is pending, but Khan credited the district court for recognizing that an invasion of privacy can constitute substantial injury, even if it doesn’t result in further or secondary harm. It shows the applicability of the FTC’s Section 5 unfairness authority, she said. These types of legal victories have made life “materially better for Americans,” said Khan.
Khan said the agency’s relationships with state attorneys general have been productive in consumer protection and antitrust enforcement, and she urged the incoming administration to maintain those relationships after she leaves office. “I hope that whoever takes the helm at the FTC in the coming years and decades will keep the agency’s doors open and continue to engage deeply with people from all parts of the country and all walks of life,” she said.
President-elect Donald Trump named Republican FTC Commissioner Andrew Ferguson as permanent chair when he takes office Jan. 20.