Part I: The Elephant Emerges from the Mousehole: The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security

Part I: The Elephant Emerges from the Mousehole: The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security
In support of its motion to dismiss the FTC’s complaint alleging data security deficiencies in violation of Section 5 of the FTC Act, Wyndham Worldwide Corporation cited the Supreme Court’s opinion in Whitman v. American Trucking Ass’ns, which cautioned against agencies utilizing vague statutory provisions to alter “fundamental details of a regulatory scheme”, and colorfully stating that “[Congress] does not, one might say, hide elephants in mouseholes.” See 531 U.S. 457, 468 (2001).

#Sweepstakes and #Contest #Entries On Pinterest Are Endorsements, Says FTC; Implications Beyond Pinterest

By | InfoLawGroup | April 8, 2014
#Sweepstakes and #Contest #Entries On Pinterest Are Endorsements, Says FTC; Implications Beyond Pinterest

The Federal Trade Commission (“FTC”) recently investigated Cole Haan, Inc. to determine whether a contest that it conducted on https://www.pinterest.com violated Section 5 of the FTC Act, which, in part, requires the disclosure of a material connection between a marketer and an endorser when their relationship is not otherwise apparent from the context of the endorsement.