FTC v. Wyndham Worldwide Corp., No. 13-1887, 2014 U.S. Dist. LEXIS 84914, 2014 WL 2815356 (D.N.J. June 23, 2014).
In a motion to dismiss, Wyndham Hotel and Resorts challenged the FTC’s assertion of broad authority to regulate data security under the Federal Trade Commission Act. Although the court denied the motion to dismiss, on June 23 it granted Wyndham Hotel and Resorts’ motion to certify two issues for interlocutory appeal to the Third Circuit: (1) whether the FTC can bring an unfairness claim involving data security under Section 5 of the FTC Act, and (2) whether the FTC must formally promulgate regulations before bringing such a claim. For a detailed description of the Wyndham case, see Federal Court Refuses to Dismiss FTC Data Security Authority.