I initially thought I’d just skip posting an article on Consumer Reports that seemed to just be a re-hash of what we knew already about the FTC case against Wyndham. But then I came to this statement: Now, David Durko, former director of Wyndham’s security compliance management, says that many independently owned and operated Wyndham…
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Breaking down the court’s decision in FTC v. Wyndham Worldwide
Here’s another commentary/analysis of Judge Salas’s ruling on Wyndham’s motion to dismss that is worth noting here, by the law firm of Covington & Burling: They write, in part: The FTC’s data-security authority is still in jeopardy. Although the FTC is the plaintiff in this case, it is really Wyndham that is on the offensive. If…
Part II: Fair Notice or No Notice? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security
As I expected, a slew of law firms posted their analyses and commentaries on Judge Salas’s ruling on Wyndham’s motion to dismiss the FTC’s complaint about its data security. I haven’t linked to most of them, but took note of this commentary by Lance Koonce and Christin McMeley of Davis Wright Tremaine as they take a less FTC-friendly view…
Hey “Chicken Littles,” Wyndham Doesn’t Mean the Sky is Falling
Jeff Kosseff writes: Based on the extensive news coverage of this week’s court ruling against Wyndham Hotels and Resorts in its battle with the Federal Trade Commission (FTC), one would think that the sky is falling on efforts to resist FTC enforcement actions relating to data security. Adweek wrote that the case is “a test for…
Wyndham's motion to dismiss FTC data security complaint denied
One of the cases I’ve been covering on this blog is LabMD‘s challenge to the FTC’s authority to enforce data security in the health care sector. In its recently filed complaint in federal court in Georgia, LabMD raises some of the same issues raised by Wyndham in federal court in New Jersey, including the issue…
Federal court denies Wyndham Hotels & Resorts’ motion to dismiss FTC’s complaint
Ashkan Soltani has uploaded an important ruling in FTC v. Wyndham, a case discussed many times on this blog. The short version of the ruling is that Wyndham went 0 for 3 on its challenges to the FTC’s authority to enforce data security under the FTC Act, to enforce data security in the absence of regulations that…