M. Sean Royall is a Partner with Gibson, Dunn & Crutcher LLP and the WLF Legal Pulse’s Featured Expert Contributor, Antitrust & Competition Policy — Federal Trade Commission. Richard H. Cunningham is a Partner with the firm and Bennett Rawicki is an Associate. The authors would like to thank Bryan Sohn, summer associate, with Gibson Dunn for his contributions to this article.

Click on the button above for a reader-friendly PDF of this post.

If the Northern District of Georgia approves its proposed settlement with the Federal Trade Commission, Equifax will pay at least $575 million to resolve allegations that its cybersecurity measures violated Section 5 of the FTC Act in the wake of one of the most significant data breaches on record.  The settlement reflects that the agency remains committed to enforcing the Federal Trade Commission Act in the context of commercial data breaches, and entering into consent order settlements, notwithstanding that the Eleventh Circuit last year in LabMD v. FTC rejected an FTC consent order as being unenforceably vague.