Hashtag Promotions Could Spell #trouble for Companies Conducting Online Contests

By | Technology Law Source | April 12, 2014
Hashtag Promotions Could Spell #trouble for Companies Conducting Online Contests

The Federal Trade Commission’s Division of Advertising Practices has recently finalized its investigation into a Cole Haan’s “Wandering Shoe” contest wherein contestants could enter the contest by creating Pinterest boards titled “Wandering Sole” and including five shoe images from Cole Haan’s Wander Sole Pinterest Board as well as five images of contestants’ “favorite places to wander.”

Fair Notice or No Notice? Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security – Part II

Fair Notice or No Notice? Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security – Part II
 In our first blog in this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp., in which Judge Salas confirmed the FTC’s authority to bring enforcement actions to redress deficient corporate data security practices, even in the absence of formal rules or regulations setting forth what practices are unreasonable.

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).