FTC Defends Constitutionality of Privacy Lawsuit vs. Kochava
The FTC filed a notice of supplemental authority Monday (docket 2:22-cv-00377) in U.S. District Court for Idaho (docket 2:22-cv-00377) in support of its opposition to Kochava’s motion to dismiss the agency privacy complaint (see 2212050061). The agency is seeking a…
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permanent injunction enjoining Kochava from acquiring consumers’ precise geolocation data and selling it in a format that allows entities to track their movements to and from sensitive locations. Kochava asserts the agency may not seek injunctive relief under Section 13(b) of the 1914 Federal Trade Commission Act because that would exceed the scope of powers that can be constitutionally vested in an agency whose members are not removable at will by the president. But the FTC's notice said the Southern District of New York issued an order Feb. 1 “rejecting this same argument” in FTC v. Roomster, said the commission. The case against Kochava supports the FTC’s argument “that its authority to bring this action under Section 13(b) is constitutional,” it said. Though the FTC recognizes the Roomster opinion is "not binding" on the Idaho district court, the agency believes the court “may find its discussion informative and its reasoning persuasive,” it said.