Treating Information Privacy Flaws Of The Federal Trade...

TREATING INFORMATION PRIVACY DEFICIENCIES IN CYBERSPACE Introduction Scholars are divided on the fundamental question of the Federal Trade Commission’s (FTC) adjudicative capacity under the FTC Act. The FTC uses a reasonableness standard and considers each company’s data security practices on a case-by-case basis. For more than a decade, the FTC’s enforcement of data security actions invoked under  §5 of the Federal Trade Commission Act (FTC Act) resulted in consent decrees and settlements, subsequently scrutinized by practitioners as carrying as much precedential value as judicial opinions. In 2015, the Third Circuit Court Appeals’ decision in Wyndham reinforced the FTC’s authority to pursue enforcement actions against companies that do not have reasonable data security practices. Notwithstanding a motion to dismiss arguing that, inter alia, (1) the FTC lacks authority to regulate under  §5 of the FTC Act and (2) the FTC failed to provide fair notice and of what constitutes reasonable data security standards and (3)  §5 does not govern the security of payment card data; Wyndham marked the first time federal courts held that the FTC has authority under  §5 of the FTC Act to enforce data security practices. Equipped with Wyndham, the FTC’s guidelines in providing information about what acts constitutes unfair or deceptive practices carry more precedential force than ever before. Essentially, the Circuit Court of Appeals’ holding in Wyndham affirms the FTC’s discretion toShow MoreRelatedBusiness and Consumer Law17552 Words   |  71 Pagesï » ¿Business and Consumer Law Final Exam Notes Chapter 5: An Introduction to Contracts Contract Law: A deliberate and complete agreement between two or more competent persons in writing supported by mutual consideration, to perform an act. It is enforceable in court. Agreement: composed of an offer to enter into a contract and acceptance of the contract. Complete: the agreement must be certain. Deliberate: both parties must want to enter into a contractual relationship. 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