On November 10, the United States Circuit Court of Appeals for the Eleventh Circuit granted a stay pending appeal of the Federal Trade Commission's ("FTC") enforcement order against a medical testing company. The FTC initially brought an action against the company for allegedly exposing the personal and billing information of more than 9,000 consumers on a peer-to-peer file-sharing network. The appeal presents the question of what types of harm in security breach cases qualify under the "unfairness" prong of the FTC act.
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