FTC ALJ: Embarrassment/Emotional Harm and Risk of Harm Does Not Satisfy “Substantial Consumer Injury” Prong of Unfairness

"Complaint counsel may find it preferable to have an ALJ decision on the books rather than a more precedential adverse Commission or Circuit Court of Appeal's decision, which could bind the FTC more significantly in data security cases going forward."

http://www.hldataprotection.com/2015/11/articles/consumer-privacy/ftc-alj-embarrassmentemotional-harm-and-risk-of-harm-does-not-satisfy-substantial-consumer-injury-prong-of-unfairness/