Third Circuit Confirms FTC Authority To Regulate Cybersecurity Practices Under Unfairness Prong Of FTC Act

FTC Need Not Provide Specific Cybersecurity Standards for Businesses

Notably, the Third Circuit found that "facts relevant to unfairness and deception claims frequently overlap" and that Wyndham's privacy policy was directly relevant to whether Wyndham's conduct was unfair at this state of the litigation.

In a long-awaited ruling in Federal Trade Commission v. Wyndham Worldwide Corp., the Third Circuit rejected Wyndham's argument that the FTC has no authority to regulate its cybersecurity practices under the unfairness prong of the FTC Act and that businesses are not entitled to notice of the specific cybersecurity standards they must follow.

Unfair Cybersecurity Practices