The Federal Trade Commission has denied LabMD’s application for a stay of the agency’s final order, saying the company’s data security practices were “unreasonable and constitute an unfair act or practice that violates Section 5 of the Federal Trade Commission Act,” DataBreaches.net reports. While explaining its denial, the FTC pointed to four factors, including “(1) ‘the likelihood of the applicant’s success on appeal’; (2) ‘whether the applicant will suffer irreparable harm if a stay is not granted’; (3) ‘the degree of injury to other parties if a stay is granted’; and (4) the public interest. It is the applicant’s burden to establish that a stay is warranted.” LabMD said it plans to appeal the FTC’s decision to a federal court.
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