FTC Responds to LabMD's Motion For Summary Determination

The Federal Trade Commission has filed its response to Atlanta-based LabMD's Motion for Summary Determination that asks the commission to dismiss the FTC's complaint with prejudice because there are no disputed facts that could affect the outcome of the case.

In August 2013, the FTC filed an administrative complaint against LabMD alleging the medical testing laboratory failed to adequately secure consumer information and exposed roughly 10,000 consumers' personal information including consumers' names, Social Security numbers, dates of birth, insurance provider information and standardized medical treatment codes.

LabMD filed a Motion for Summary Determination in the administrative proceeding stating there are no disputed facts that could affect the outcome of the case and asking the commission to permanently dismiss the case.

The FTC filed its response to the Motion for Summary Determination asking for LabMD's motion to be denied because there are disputed facts in the case, and the arguments made by LabMD in its Motion For Summary Determination have previously been rejected by the commission.

Further supporting its response, the FTC also filed a separate document which lists all of the issues it believes need to be determined at trial.

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