FTC v. Wyndham: Wyndham Calls For Back-Up

It appears that Wyndham Hotel & Resorts LLC ("Wyndham") has received reinforcements in its defense against the Federal Trade Commission's (the "FTC") case.  A federal judge has agreed to allow the U.S. Chamber of Commerce and several other organizations to file an amicus curiae brief in support of dismissing the FTC's case against Wyndham. Since our last post about this case, Wyndham successfully had the case transferred from an Arizona federal court to a New Jersey federal court, and has requested oral arguments for its Motion to Dismiss filed last year.

In their brief, the U.S. Chamber of Commerce and the other organizations make three primary arguments:

1)      The FTC's Section 5 authority to prohibit unfair trade practices does not give the FTC authority to establish general data security policy;