The Third Circuit panel that will hear arguments in FTC v. Wyndham Worldwide Corp. is comprised of Judges Thomas L. Ambro, Jane R. Roth and Anthony J. Scirica. Of the three, Judge Ambro is the most recent addition to the bench, having been appointed by President Clinton in 1999 and confirmed in 2000. Both Judges Roth and Scirica were appointed by President Reagan and both have also assumed senior status on the court: Judge Roth in May 2006, and Judge Scirica July 2013.
Wyndham has received considerable attention because it raises the question of whether the “unfairness” prong of Section 5 of the FTC Act provides the Commission with the authority to bring actions involving data security. If the Third Circuit publishes its opinion in the case, the ruling would be binding in Delaware, New Jersey, and Pennsylvania.