Tag Archives: “FTC Act”

FTC and Wyndham to Mediate Dispute Over FTC Data-Security Authority

Earlier this week, U.S. District Court Judge Esther Salas directed the Federal Trade Commission (“FTC”) and Wyndham Hotels and Resorts to seek mediation to resolve their landmark dispute over whether the FTC has the authority to regulate companies’ data-security practices.  As we’ve previously reported, the FTC alleged that Wyndham violated Section 5 of the FTC … Continue Reading

FTC Closes Investigation After Verizon Fixes Encryption Problems With FiOS and DSL Routers

Earlier this week, the FTC notified Verizon by letter that it has closed its investigation into whether Verizon violated Section 5 of the FTC Act by failing to secure certain routers supplied to the company’s broadband subscribers.  The FTC’s investigation centered on Verizon’s practice of supplying routers that incorporated an outdated default security setting, an … Continue Reading

Breaking Down the Court’s Decision in FTC v. Wyndham Worldwide Corp.

Last week, a federal judge in the District of New Jersey denied Wyndham Hotels and Resorts’ motion to dismiss the FTC’s complaint alleging Wyndham violated the FTC Act by failing to provide reasonable security for its customers’ personal information.  This Covington E-Alert provides a detailed look at the parties’ arguments and the court’s holdings in … Continue Reading

Judge Denies Wyndham’s Motion to Dismiss, Allowing FTC’s Case to Proceed

Earlier today, in a long-awaited decision, Judge Salas of the District of New Jersey denied Wyndham Hotels and Resorts’ motion to dismiss a Federal Trade Commission (“FTC”) lawsuit alleging Wyndham violated Section 5 of the FTC Act by failing to provide “reasonable” security for the personal information of its customers.  The case has been closely watched … Continue Reading

FTC Cole Haan Closing Letter: Encouraging Pinterest “Pins” in a Contest Can Trigger Endorsement Guidelines

In a closing letter declining to bring enforcement action against shoemaker Cole Haan, FTC staff stated that it believes “Pins” on Pinterest featuring a company’s products can constitute an endorsement of those products, and that if the pins are incentivized by the opportunity to win a significant prize in a contest, contestants should be instructed to label … Continue Reading

FTC Announces Settlement With Accretive Health Over Data Breach

The Federal Trade Commission (FTC) recently announced a settlement with Accretive Health, Inc., a provider of medical billing and revenue management services to hospitals.  The FTC’s complaint alleged that Accretive failed to provide reasonable and appropriate security for consumers’ personal information, and this failure constituted an unfair act or practice in violation of Section 5 … Continue Reading

The FTC’s “Internet of Things” Workshop in Perspective; 5 Key Takeaways for How it Could Affect Consumer Privacy Going Forward

Last month, the FTC held a public workshop on the “Internet of Things” (or “IoT”), during which it examined the privacy and security implications of everyday objects being connected to the Internet and to each other.  The workshop—which considered “things” ranging from connected cars to remote-controlled defibrillators—brought together academics, business and industry representatives, and consumer … Continue Reading

The Wyndham Case is Being Argued Today: Why You Should Care

Today, the Federal Trade Commission is defending its authority to enforce Section 5 of the FTC Act against  Wyndham Hotels in connection with alleged lax data security procedures.  Following several publicized data security breaches, the FTC investigated Wyndham and concluded that the hotel company failed to employ “reasonable and appropriate” data security practices, citing, for … Continue Reading
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