“This is what the FTC is trying to establish, through a series of court cases,” he said.
Of course, Congress could also establish a standard through legislation, and Talbott said there is the potential for that with two House bills that have been reported favorably out of the Financial Services and Health, Energy and Commerce committees.
“There is a companion bill in the Senate as well,” he said.
The House bill, filed in May, was reported favorably out of committee Dec. 9 on a 46-9 vote.
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