Unfair or Deceptive Trade Practices Data Breach

News & Analysis as of

Home Depot Challenges Banks’ Standing to Recover Losses Related to Data Breaches

In the aftermath of major data breaches at deep-pocketed retailers and other businesses, there is typically no shortage of litigants who move quickly to seek compensation from the business at which the breach occurred. But...more

Top Takeaways from IAPP

The world of privacy grows every day as more data goes through the cloud. The new trends and weekly data breaches make conferences like the Global Privacy Summit all the more relevant. Earlier this month we went to...more

21st Century Oncology faces second class action suit for data breach of 2.2M records

We previously reported that 21st Century Oncology (21st Century) experienced a data breach of up to 2.2 million patient records that compromised the names, Social Security numbers and health and diagnostic information. It...more

Proactive Protection of Consumers or Premature Penalty? Consumer Financial Protection Bureau Bucks the Trend in Data Security...

Data breaches and cybersecurity attacks appear to be growing in frequency. Despite the increase in the number of such attacks, plaintiffs have found it difficult to establish a legal foothold for data breach claims, as...more

Cybersecurity and Data Privacy: CFPB Takes Unprecedented Action Against Company (3/16)

A new regulatory authority has entered the field of data security: the relatively new Consumer Financial Protection Board (CFPB). On March 2, the CFPB announced that it had reached a consent order with an Iowa-based company...more

Wendy’s faces class action over data breach

We wrote about Wendy’s investigation into a data breach at its chain restaurants at the beginning of January, and now Wendy’s faces a class action over that same breach. The suit claims that Wendy’s negligently exposed...more

In Cybersecurity, No Harm Does Not Necessarily Mean No Foul

How much does the question of harm matter in cybersecurity law? The answer is: It depends on who is bringing the claim. Businesses confronting data breaches can face litigation from private consumers as well as from...more

Wyndham Settles with FTC

Last month, Wyndham Worldwide Corp. settled its lengthy civil case with the Federal Trade Commission. The suit began in 2012, when the FTC sued Wyndham and three of its subsidiaries, alleging three data breaches between 2008...more

FTC and Wyndham Settle Suit Regarding Wyndham's Alleged Cybersecurity Failures

On December 9, 2015, the Federal Trade Commission (the "FTC") and Wyndham Worldwide Corporation (and three additional Wyndham entities, collectively, "Wyndham") filed a stipulated order ("Stipulated Order") settling their...more

“We’ve Been Hacked!”—New Developments in Cyber-Security Litigation

February’s Business Litigation Report advised clients that they could prepare for potential data breaches by conducting readiness audits and preparing cyber incident response plans. (See Traversing the Breach, February 2015.)...more

Wyndham and FTC Agree to Consent Order Ending Data Security Breach Litigation

On Friday, December 11, 2015, the U.S. District Court for the District of New Jersey entered a consent order between the Federal Trade Commission (“FTC”) and hospitality company Wyndham Hotels and Resorts, LLC (“Wyndham”)...more

What the FTC’s Settlement With Wyndham Means for Your Company

The recent settlement entered into between the Federal Trade Commission (FTC) Wyndham Hotels and Resorts and related companies (Wyndham) provides an important roadmap for companies seeking to avoid running afoul of the FTC’s...more

FTC and Wyndham Call a Truce

Following the Third Circuit’s ruling upholding the FTC’s authority to regulate unfair and deceptive cybersecurity practices under Section 5 of the FTC Act, Wyndham Worldwide Corporation and the FTC have agreed to settle. ...more

Wyndham Agrees to Settle FTC Data Security Case

After four years of litigation, this past Wednesday, Wyndham Worldwide Corporation and three of its subsidiaries (collectively, “Wyndham”) settled the Federal Trade Commission’s (“FTC”) allegations that the global...more

Wyndham and FTC Settle Case Over “Unfair” Data Security Practices

The years-long saga of the Federal Trade Commission’s suit against Wyndham Hotels over data breaches that occurred at least as early as April 2008 is finally coming to an end with a proposed settlement filed today with the...more

Re-Thinking “Substantial Injury”: The FTC’s Potential New Need for Victims

Last month, the Federal Trade Commission’s Chief Administrative Law Judge dismissed the Commission’s long-running data security case against LabMD because it failed to prove that there was an actual or reasonably imminent...more

Wyndham Ruling Reinforces FTC's Role in Cybersecurity Regulation

In Federal Trade Commission v. Wyndham Worldwide Corporation, the United States Court of Appeals for the Third Circuit held that the Federal Trade Commission (FTC) has authority to regulate cybersecurity under 15 U.S.C. §...more

ALJ Dismisses FTC Data Breach Action Against LabMD

In the first ruling rebuking the Federal Trade Commission’s cybersecurity enforcement efforts, the FTC’s head administrative law judge dismissed the FTC’s complaint against LabMD, Inc., on November 13, stating that...more

FTC Jurisdiction in Data Security Regulation Potentially Limited in FTC v. LabMD

A November 13, 2015 decision from the Federal Trade Commission’s Chief Administrative Law Judge, D. Michael Chappell, calls into question FTC jurisdiction in the data privacy space. The case began when the FTC filed a...more

The FTC’s Broad Authority and FTC v. Wyndham: Thinking about the Future of Data Privacy Regulations

What makes data privacy law interesting for academics, challenging for lawyers, and frustrating for businesses its shape-shifting structure in the face of rapidly changing technology. The recent change in the invalidation of...more

What is reasonable? The emerging legalities of cybersecurity post-Wyndham

This month’s edition of the Advanced Cyber Security Center’s newletter includes my discussion of lessons to be learned from the Wyndham decision: Historically, security was an issue reserved in a back room for the IT...more

FTC v. Wyndham: The Third Circuit Recognizes FTC Authority to Regulate Commercial Cyber Security Practices

In 2014, the United States Court of Appeals for the Third Circuit ruling in FTC v. Wyndham Worldwide Corporation agreed to hear an immediate appeal on two issues: “whether the FTC has authority to regulate cybersecurity under...more

Court says FTC has Power to Regulate Corporate Cybersecurity Policies (New Jersey)

Fed. Trade Comm’n v. Wyndham Worldwide Corp., 2015 WL 4998121 (3d Cir. N.J. Aug. 24, 2015) - In this Federal Trade Commission investigation, the FTC alleged that the defendant’s cybersecurity policies resulted in unfair...more

Return of the Cyborg—FTC and SEC Oversight of Cybersecurity Ramps Up

The government appears to be increasing its enforcement efforts regarding cybersecurity risks. A three-judge panel of the U.S Court of Appeals for the Third Circuit recently held the FTC may bring a claim that a company’s...more

Burning Down The House – The Wyndham Decision Allows The FTC To Sue Businesses For Getting Hacked

As it is commonly understood, the Great Fire of London spawned two fixtures of the modern world: advancements in firefighting and property insurance. The risk of fire was seen as a threat to society as a whole and mechanisms...more

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