We previously reported that LabMD had a big victory in the case filed against it by the Federal Trade Commission (FTC) (available here). There was speculation as to whether or not the FTC would appeal the decision.

The FTC did in fact exercise its administrative right and filed an appeal of the decision to three commissioners of the FTC. Filing an appeal to the commission is the next step in the administrative proceeding. We will keep you advised of the proceeding as it progresses.

The other big news in the case is that just one week after its big win, LabMD filed suit against three of the FTC lawyers handling the case saying the lawyers “supported their actions with lies, thievery and testimony from a private company, Tiversa, whose business model was based on convincing companies to pay them to ‘recover’ files that, in trust, they hacked from computers all over the world.” The complaint further states that the FTC lawyers knew or should have known that they were using fraudulent data, misled the commissioners to pursue a vindictive case and constitutional violations. The saga continues and we will follow it closely.

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