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The FTC Fires Back Against Wyndham

Posted on November 6, 2012 by Dissent

I continue to look for coverage of the FTC lawsuit against Wyndham, a topic I’ve covered in a number of blog posts.  I’m glad to see that my uploading some of the court documents may have encouraged or facilitated discussion. Adam M. Veness of Mintz Levin discusses the FTC’s response to Wyndham’s motion to dismiss:

The Federal Trade Commission (the “FTC”) has filed its response to the Wyndham Hotel & Resorts LLC’s (“Wyndham”) Motion to Dismiss.  More information about Wyndham’s Motion can be seen in an earlier blog post here.

In its response, the FTC rebuts Wyndham’s Motion and argues three main points:

  1. the FTC has authority to pursue unfair and deceptive practices claims related to data security;
  2. unfairness actions related to data security do not require rulemaking; and
  3. the injury resulting from a payment card breach is sufficient for FTC to pursue its claims.The Federal Trade Commission (the “FTC”) has filed its response to the Wyndham Hotel & Resorts LLC’s (“Wyndham”) Motion to Dismiss.  More information about Wyndham’s Motion can be seen in an earlier blog post here.

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Category: Breach IncidentsBusiness SectorHackU.S.

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