Supreme Court Ruling May Question FTC Authority to Regulate Privacy and Security

This article analyzes how the potential end of Chevron deference could constrain the Federal Trade Commission’s ability to enforce data privacy and security under Section 5 of the FTC Act. It reviews the agency’s historical enforcement posture and case law (including BJ’s Wholesale Club, Facebook, Wyndham, and LabMD), highlighting how Chevron has supported expansive interpretations of “unfair” and “deceptive” practices. The piece anticipates increased judicial scrutiny, venue shopping, and the need for clearer statutory guidance if courts no longer defer to the FTC’s interpretations.