FTC Has Authority to Police Cyber-Security, Says US Appeals Court

Advertisement
By Reuters | Updated: 25 August 2015 09:59 IST
A US appeals court said the Federal Trade Commission has authority to regulate corporate cyber-security, and may pursue a lawsuit accusing hotel operator Wyndham Worldwide Corp of failing to properly safeguard consumers' information.

Monday's 3-0 decision by the 3rd US Circuit Court of Appeals in Philadelphia upheld an April 2014 ruling allowing the case to go forward, without ruling on the merits.

Noting the FTC's broad authority under a 1914 law to protect consumers from unfair and deceptive trade practices, Circuit Judge Thomas Ambro said Wyndham failed to show that its alleged conduct "falls outside the plain meaning of 'unfair.'"

Wyndham brands also include Days Inn, Howard Johnson, Ramada, Super 8 and Travelodge. A spokesman said the Parsippany, New Jersey-based company is reviewing the decision.

Advertisement

Congress has not adopted wide-ranging legislation governing data security, a growing concerns amid high-profile breaches such as at retailer Target Corp, the infidelity website AshleyMadison.com, and even US government databases.

Advertisement

The Wyndham case is a test of FTC power to help fill this void and police how companies protect against data breaches.

It arose from three breaches in 2008 and 2009 in which hackers broke into Wyndham's computer system.

Advertisement

These hackers stole credit card and other personal details from more than 619,000 consumers, leading to over $10.6 million (roughly Rs. 70 crores) in fraudulent charges.

The FTC sued Wyndham in June 2012, claiming that the company's computer systems unreasonably and unnecessarily exposed consumer data to the risk of theft.

Advertisement

Wyndham accused the FTC of overreaching, but US District Judge Esther Salas in Newark, New Jersey refused to dismiss the case.

In upholding that ruling, Ambro rejected Wyndham's argument that the company lacked "fair notice" that its practices fell short of what the FTC could require.

He also rejected what he called Wyndham's "alarmist" argument that letting the FTC regulate its conduct could give the agency effective authority to regulate hotel room door locks, or sue supermarkets that fail to sweep up banana peels.

"It invites the tart retort that, were Wyndham a supermarket, leaving so many banana peels all over the place that 619,000 customers fall hardly suggests it should be immune from liability," Ambro wrote.

The FTC did not immediately respond to requests for comment.

© Thomson Reuters 2015

 

Get your daily dose of tech news, reviews, and insights, in under 80 characters on Gadgets 360 Turbo. Connect with fellow tech lovers on our Forum. Follow us on X, Facebook, WhatsApp, Threads and Google News for instant updates. Catch all the action on our YouTube channel.

Advertisement

Related Stories

Popular Mobile Brands
  1. Realme C83 5G Debuts in India With a 7,000mAh Battery at This Price
  2. Here's When the Poco C85x 5G Will be Launched in India
  3. OpenAI's GPT-5.4 AI Model Is Here, and It Can Use Your Computer
  4. OnePlus 15T Key Specifications Confirmed Ahead of Launch in China
  5. This AI Device Claims to Stop Microphones From Recording Your Voice
  6. Poco X8 Pro Max Visits Geekbench as Company Finally Confirms Chip Details
  7. Google Pixel 10a Review: More of the Same?
  1. Vivo X300 Max With Zeiss Cameras and Android 16 Spotted at MWC 2026, Could Launch Soon
  2. WhatsApp Update Introduces Support for Discovering Stickers While Typing Emoji: How It Works
  3. This AI-Powered Portable Device Claims to Detect Microphones and Jam Audio Recordings
  4. Poco X8 Pro Series Global Launch Date Leaked Ahead of Anticipated Debut: Expected Price, Specifications
  5. MacBook Neo Geekbench Scores Indicate It Performs on Par With iPhone 16 Pro Max
  6. Xiaomi Testing Experimental AI Agent Miclaw, Can Perform Complex Tasks Across Devices
  7. Dear Radhi OTT Release: Where to Watch the Tamil Thriller Online?
  8. With Love Now Streaming on Netflix: Know Everything About Plot, Cast, and More
  9. Kaattaan OTT Release Date Confirmed: When and Where to Watch Vijay Sethupathi Starrer Online?
  10. OnePlus 15T Display Size, Ultrasonic Fingerprint Sensor Confirmed; Geekbench Listing Hints at Chip, Memory
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.