Caroline Hudson reports: A Florida man has filed a class-action lawsuit regarding data breaches at Wyndham Capital Mortgage. Ethan Darnell filed the complaint on Dec. 10 in North Carolina’s Western District Court. In October, Charlotte-based Wyndham alerted clients and state attorneys general about an email data breach the month prior. A Wyndham employee sent an email…
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LabMD and Wyndham Decisions Curtail FTC’s Data Privacy and Security Reach
Alan L. Friel and Gerald J. Ferguson of BakerHostetler provide their interpretation of recent rulings: Both the administrative law judge’s decision in LabMD and the Third Circuit’s recent decision in Wyndham, which we previously blogged about, put the FTC on notice that it cannot assume that in the wake of a security breach, allegedly inadequate data security will necessarily constitute…
Wyndham caves, settles charges with FTC (updated)
I did not see this coming. Wyndham has settled FTC charges, bringing an end to a closely watched court case involving FTC’s authority to enforce data security. The case was the first one that hadn’t resulted in a consent order. Today’s settlement leaves only the LabMD as a challenge to FTC’s authority to enforce data…
Challenging FTC Regulation of Cyber-security After FTC v. Wyndham
Gerald J. Ferguson and of Alan L. Friel of Baker & Hostetler write: The Third Circuit interlocutory decision in Federal Trade Commission v. Wyndham Worldwide Corporation was widely reported as a big win for the Federal Trade Commission (“FTC”). But on closer examination, it was a split decision in which Wyndham Worldwide Corporation (“Wyndham”) can claim an…
Burning Down The House – The Wyndham Decision Allows The FTC To Sue Businesses For Getting Hacked
Avery Dial and Rory Eric Jurman of Fowler White Burnett, P.A., write: As it is commonly understood, the Great Fire of London spawned two fixtures of the modern world: advancements in firefighting and property insurance. The risk of fire was seen as a threat to society as a whole and mechanisms to mitigate that risk…
Wyndham Case May Mean Uncertainty for New Payment Providers
Kery Murakami reports: Wyndham Hotels & Resorts LLC’s appeal of a Federal Trade Commission (FTC) complaint against the hotel chain for alleged lax data protection practices is being watched closely by banking officials who say it could lead to uncertainty over cybersecurity regulations for emerging technologies such as mobile wallets and digital payments. The case…