Legal Opinion

Federal Trade Commission v. Wyndham Worldwide Corp.

Court of Appeals for the Third Circuit

Decided August 24, 2015No. 14-3514PublishedCited by 74 opinions

1Opinion of the Court

OPINION OF THE COURT

AMBRO, Circuit Judge.

The Federal Trade Commission Act prohibits “unfair or deceptive acts or practices in or affecting commerce.” 15 U.S.C. § 45(a). In 2005 the Federal Trade Commission began bringing administrative actions under this provision against companies with allegedly deficient cybersecurity that failed to protect consumer data against hackers. The vast majority of these cases have ended in settlement.

On three occasions in 2008 and 2009 hackers successfully accessed Wyndham Worldwide Corporation’s computer systems. In total, they stole personal and financial…

2Cases cited56 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  4. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  5. Auer v. RobbinsSupreme Court of the United States · 1997

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3Cited by74 opinions

  1. Community Bank of Trenton v. Schnuck Markets, IncorporatedCourt of Appeals for the Seventh Circuit · 2018
  2. Customer Data SEC. Breach Litig. Melissa Alleruzzo v. Supervalu, Inc. (In Re Supervalu, Inc.)Court of Appeals for the Eighth Circuit · 2019
  3. Crystallex International Corp. v. Petróleos De Venezuela, S.A.Court of Appeals for the Third Circuit · 2018
  4. In re Equifax, Inc.District Court, N.D. Georgia · 2019
  5. Veridian Credit Union v. Eddie Bauer, LLCDistrict Court, W.D. Washington · 2017

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