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When Target suffered its recent data security breach, the top headlines focused on how the personal information of up to 70 million individuals was compromised and that key leadership departed as a result. Looking one level deeper, another notable headline that has received less attention is how the Federal Trade Commission (FTC) is investigating the breach and may utilize its authority pursuant to Section 5 of the FTC Act to enforce unfair or deceptive acts and practices based on the company’s data security policies.

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