EPIC Pursues Intervention in FTC Facebook Case

August 12, 2019

EPIC has filed a reply brief in support of its motion to intervene in United States v. Facebook, a case concerning the proposed settlement between the Federal Trade Commission and Facebook. The Government and Facebook have sought to block EPIC's participation. EPIC pursued intervention to protect the interests of Facebook users and to ensure that pending complaints at the FTC were not ignored. EPIC told the court overseeing the case that the settlement "is not adequate, reasonable, or appropriate." In response to Facebook and the government, EPIC explained that the settlement is "arbitrary and capricious because the Commission seeks to grant Facebook immunity from any unlawful practices identified in prior consumer complaints, without addressing or even identifying the prior complaints." EPIC also argues that the FTC's failure to consider public comments on the settlement, as the agency is required to do under its own regulations, "denies EPIC and others the opportunity to submit comments on the consent agreement." An EPIC FOIA lawsuit uncovered more than 26,000 complaints against Facebook pending at the agency. In 2009, EPIC and other consumer privacy organizations filed the original complaint that created legal authority for the FTC to oversee Facebook's privacy practices. Many members of Congress, consumer organizations, and corporate law experts have opposed the proposed settlement, which was narrowly approved by the Commission, 3-2.

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