FEDERAL TRADE COMMISSION v. WYNDHAM WORLDWIDE CORPORATION, a Delaware Corporation WYNDHAM HOTEL GROUP, LLC, a Delaware limited liability company; WYNDHAM HOTELS AND RESORTS, LLC, a Delaware limited liability company; WYNDHAM HOTEL MANAGEMENT INCORPORATED, a Delaware Corporation, Wyndham Hotels and Resorts, LLC, Appellant, 799 F.3d 236

Summary

HOLDINGS: [1]-The three requirements in 15 U.S.C.S. § 45(n) may be necessary rather than sufficient conditions of an unfair practice, but the appellate court was not persuaded that any other requirements proposed by the company posed a serious challenge to the Federal Trade Commission's (FTC) claim; [2]-The company repeatedly argued there was no FTC interpretation of § 45(a) or (n) to which the federal courts must defer in this case, and, as a result, the courts had to interpret the meaning of the statute as it applied to the company's conduct in the first instance; [3]-Thus, the company could not argue it was entitled to know with ascertainable certainty the cybersecurity standards by which the FTC expected it to conform; [4]-The company could only claim that it lacked fair notice of the meaning of the statute itself—a theory it did not meaningfully raise and was unpersuasive.