MediaPost: Meta Sues FTC, Claims Enforcement Action Unconstitutional 

November 30, 2023

John Davisson, director of litigation and senior counsel at the Electronic Privacy Information Center — which also supports new restrictions on data collection — also suggested Meta’s new lawsuit lacks merit. 

“I think it raises lots of implausible constitutional theories about why longstanding FTC and administrative enforcement practices and structures are supposedly unconstitutional,” he tells MediaPost. 

He added that the lawsuit might simply be a way for Meta to buy more time, in hopes that the FTC will change its position. 

“I think it is an opportunity to extend the clock for Meta,” he says. “I’m cautiously optimistic that the court will see this for what it is — one more serial attempt by Meta to delay the agency adjudication that should take place in this case.”

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