April 9, 2014
Partner Alysa Zeltzer Hutnik was quoted in the Privacy Advisor article "The Court Says FTC Can Punish Rulebreakers, but What Exactly Are the Rules?" The article discusses a District Court of New Jersey decision that denied Wyndham Hotels and Resorts' motion to dismiss a Federal Trade Commission lawsuit, alleging Wyndham violated Section 5 of the FTC Act. Ms. Hutnik explained that the ruling indicates the risk companies face, including FTC scrutiny, if a data breach occurs. "It would not be surprising if we now see the FTC more actively use its 'unfairness' authority in the privacy and data security realm, even without claims of deception, where the FTC can point to some injury by consumers," Ms. Hutnik said.