The FTC sued Wyndham Worldwide (the company that operates Wyndham Hotels) for unfair and deceptive trade practices under the FTCA after Wyndham sustained data breaches in 2008 and 2009 leading to more than $10.5 million in fraudulent charges to consumers. The FTC charged that Wyndham's security was deficient and its policies misled consumers.
Yesterday, in an important victory for consumer privacy and for FTC authority, the Third Circuit affirmed the denial of Wyndham's motion to dismiss over arguments that the FTCA doesn't cover Wyndham's conduct and that Wyndham lacked notice that its conduct was unlawful.
Read the opinion here.
