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Consumer Law Keyed to Whaley, 9th Ed.
FTC v. Wyndham Worldwide Corporation
Citation:
799 F.3d 236 (3rd Cir. 2015)Facts
Wyndham Worldwide operated a hospitality business franchising approximately 90 hotels, each with property management systems processing consumer payment card data including account numbers, expiration dates, and security codes. Wyndham managed these systems and operated a network connecting its data center with hotel systems. The FTC alleged Wyndham engaged in numerous inadequate cybersecurity practices including: storing payment card information in clear text; allowing easily guessed passwords (including default passwords like “micros/micros”); failing to use firewalls to limit network access; allowing hotels to connect without adequate security policies; failing to restrict third-party vendor access; not employing reasonable measures to detect unauthorized access; and failing to follow proper incident response procedures. Between April 2008 and late 2009, hackers exploited these vulnerabilities in three separate attacks, stealing personal and financial information for over 619,000 consumers, resulting in more than $10.6 million in fraudulent charges. Wyndham also published a privacy policy claiming it used “industry standard practices” and “commercially reasonable efforts” to protect data, which the FTC alleged was deceptive given the actual security failures.
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