I didn’t get to Newark for oral argument on Wyndham’s motion to dismiss the FTC’s complaint about their data security, but from early media coverage tonight, it sounds like things went pretty well for the FTC. From the quotes provided in coverage by the Wall Street Journal and Bloomberg Businessweek, it sounds like Judge Salas is not leaning towards agreeing with Wyndham’s argument that the FTC doesn’t have authority to regulate data security under the FTC Act.
The hearing reportedly went on for almost five hours, which suggests to me the judge was being very careful to give Wyndham a full opportunity to make its case. I’d love to read a transcript of the hearing, if anyone obtains one.