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.'"

Advertisement

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.

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. How Instagram's Edits App Evolved Over the Past Year and What's Next
  2. Oppo F33 Pro 5G Review: The Best Looking Phone Under Rs. 40,000?
  3. Control Ultimate Edition is Now Available on iPhone and iPad
  4. Sennheiser CX 80U, HD 400U With USB Type-C Connectivity Launched in India
  1. NASA’s Curiosity Rover Finds Crater Filled With Sand, Alters Drilling Plans
  2. Control Ultimate Edition Arrives on iPhone and iPad With Touch Controls, Universal Purchase
  3. Asus ExpertBook Ultra With Intel Core Ultra X7 Series 3 CPU Launched in India Alongside ExpertBook P3, ExpertBook P5 Series
  4. Boat Aavante Prime X Soundbar Launched in India With Dolby Atmos, Wireless Satellite Speakers: Price, Features
  5. Qualcomm CEO Reportedly Visits Samsung Foundry in Korea to Discuss Producing 2nm Chips
  6. Coinbase Announces USDC-INR Trading Services for Users in India
  7. Redmi K Pad 2 Launched With 8.8-Inch 3K Display, Dimensity 9500 Chip: Price, Specifications
  8. Suyodhana OTT Release Date: When and Where to Watch This Telugu Mystry Thriller Online?
  9. OnePlus Watch 4 Launch Appears Imminent as Listing Confirms Snapdragon W5 Chip, OxygenOS Watch 8
  10. Sennheiser CX 80U, Sennheiser HD 400U With USB Type-C Connectivity Launched in India: Price, Features
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.