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FTC Can Proceed In Data Breach Case

Article: May 15, 2014  |  Malpractice AlertsMalpractice Alerts Archived

An opinion by the US District Court of New Jersey, filed April 7, 2104, denied the motion to dismiss of Wyndham Hotels and allowed the Federal Trade Commission (the FTC) to bring claims under the Federal Trade Commission Act in the data security context.

The FTC alleged Wyndham violated the prohibition in Sec 5(a) of Federal Trade Commission Act, 15 USC Sec 45(a), of “acts or practices in or affecting commerce that are unfair or deceptive.”

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