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Petitions for Review of FCC’s Data Breach Reporting Rules Are Consolidated in 6th Circuit

The Judicial Panel on Multidistrict Litigation randomly picked the 6th U.S. Court of Appeals to consolidate a pair of petitions for review that challenge the FCC’s Dec. 21 report and order updating the commission’s data breach notification requirements, said its…

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consolidation order Monday (docket MCP No. 178). The Ohio Telecom Association filed its petition Feb. 20 in the 6th Circuit (see 2402210026), and the Texas Association of Business did so two days later in the 5th Circuit (see 2402230024). Both petitions seek review on grounds that the updated data breach notification rules exceed the FCC’s statutory authority.