FTC’s New Commissioner ‘Dismayed’ By Agency Overreach

Examples Include Amended Health Breach Notification Rule, Section 5 Reliance On NOPs

FTC Commissioner Melissa Holyoak says the agency has acted outside the bounds afforded by Congress, citing several areas within consumer protection, including a recent update to the final rule for the Health Breach Notification Rule and the commission’s use of notices of penalty offense to serve as the basis for Section 5 settlements. 

FTC
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The US Federal Trade Commission, which has seen the early departure of two Republican commissioners in recent years after both tussled with what they perceived as agency overreach, is advised by one of its new commissioners to stay within the bounds of authority granted by Congress.

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