The Writings on the Blackbaud: Lessons from the FTC’s First Standalone Section 5 Unfairness Claim
Berkley Technology Law Journal
APRIL 8, 2025
By Gaurav Lalsinghani, J.D. Candidate, 2025 In February 2024, the Federal Trade Commission (FTC) broke new ground by bringing its first-ever standalone Section 5 unfairness claims for unreasonable data retention and misleading breach notifications. The agencys enforcement action against Blackbauda cloud software provider serving nonprofits, healthcare organizations, and educational institutionsmarked a significant expansion of the Commissions approach to data security enforcement.
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