Wyndham submits new data security and breach bills to support motion to dismiss FTC complaint

Will Judge Ester Salas ever get to rule in FTC v. Wyndham? I had hoped the court would issue a ruling on Wyndham’s motion to dismiss shortly after the November oral argument on the motion, but here we are three months later, and both sides are still introducing supplemental authorities to bolster their respective positions.

In January, the FTC introduced the court’s ruling in FTC v. LabMD. And on February 6, counsel for the hotel chain introduced two recently proposed bills in Congress that they claim support their arguments that FTC has not provided prior notice and has not issued rules, making their enforcement action on data security improper.

The bills they submitted are Senator Rockefeller’s Data Security and Breach Notification Act of 2014 (S. 1976) and Senator Blumenthal’s Personal Data Protection and Breach Accountability Act of 2014 (S. 1995).

You can read Wyndham counsel’s letter to the court here (pdf).

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