DataBreaches.net

DataBreaches.net

The Office of Inadequate Security

Menu
  • Breach Laws
  • About
  • Donate
  • Contact
  • Privacy
  • Transparency Reports
Menu

Wyndham files motion to dismiss FTC privacy suit

Posted on September 7, 2012 by Dissent

Stephen E Wieker and Liisa M. Thomas write:

In a strongly-worded motion filed in federal district court in Arizona, Wyndham Hotels & Resorts LLC recently asked the court to dismiss all charges filed by the Federal Trade Commission alleging Wyndham engaged in unfair and deceptive privacy practices. As we reported in June, according to the FTC, these practices allegedly led to a variety of data breaches. The FTC brought the case in late June, after a two-year investigation into multiple intrusions into computer systems operated by Wyndham’s franchised hotels that led to theft of payment card information of over 600,000 consumers.

Read more on Lexology.  As the authors point out, this appears to be a very serious challenge to the FTC’s authority to enforce data security under the Act.  As one of their filings state:

Nothing in Section 5 gives the FTC the power to set standards for the extremely complex computer software and hardware systems that businesses employ to ensure data security. And no court has ever held that the “unfairness” prong of Section 5 gives the Commission the authority to regulate a private company’s data-security practices. Indeed, it is inconceivable that Congress would have delegated a policy choice of such significant political and economic consequence to the FTC through a statute that does no more than forbid “unfair” trade practices—“[Congress] does not, one might say, hide elephants in mouseholes.” Whitman v. Am. Trucking Ass’ns, Inc., 531 U.S. 457, 468 (2001). Confirming that intuition, Congress has enacted no less than 10 federal statutes prescribing specific data-security standards for elements of the private sector. None grants the FTC the authority it claims here.

I’ve uploaded Wyndham’s Motion to Dismiss and related filings:

  • Motion to Dismiss for WHR
  • Motion to Dismiss for Corporate Affiliates
  • Exhibit 1

 

Related Posts:

  • The FTC Fires Back Against Wyndham
  • (update 2) Only Wyndham-branded hotels involved in…
  • NJ district court certifies two issues for…
  • Federal court denies Wyndham Hotels & Resorts'…
  • FTC and Wyndham to Mediate Dispute Over FTC…

Post navigation

← Identity theft victims can pursue litigation against health insurer: Court
ME: Sheriff Department’s Social Security numbers breach poses privacy concerns →

Sponsored or Paid Posts

This site doesn’t accept sponsored posts and doesn’t respond to requests about them.

Have a News Tip?

Email:

Breaches[at]Protonmail.ch
Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Telegram: @DissentDoe

Browse by News Section

Latest Posts

  • Ransomware group ‘Black Basta’ has raked in more than $100 million -researchers
  • DFS Announces $1 Million Cybersecurity Settlement With First American Title Insurance Company
  • ID Theft Service Resold Access to USInfoSearch Data
  • Okta admits hackers accessed data on all customers during recent breach
  • Hackers breach Israel intelligence group’s website
  • Queensland passes mandatory data breach notice laws
  • A cyberattack hit thousands of people in Louisiana. They’re still in the dark months later. (1)
  • KidSecurity’s user data compromised after app failed to set password

Please Donate

If you can, please donate XMR to our Monero wallet because the entities whose breaches we expose are definitely not supporting our work and are generally trying to chill our speech!

Donate- Scan QR Code   Donate!

Social Media

Find me on Infosec.Exchange.

I am also on Telegram @DissentDoe.

RSS

Grab the RSS Feed

Copyright

© 2009 – 2023, DataBreaches.net and DataBreaches LLC. All rights reserved.

HIGH PRAISE, INDEED!

“You translate “Nerd” into understandable “English” — Victor Gevers of GDI Foundation, talking about DataBreaches.net

©2023 DataBreaches.net