$799$ F$\mathrm{.}3$d $236(2015)$

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.

No$.14-3514.$

United States Court of Appeals, Third Circuit.

Argued March $3,2015.$

Opinion filed: August $24,2015.$

The Federal Trade Commission Act prohibits "unfair or

deceptive acts or practices in or affecting commerce." $15$

U$.$S$.$C$.45($a$).$ In $2005$ the Federal Trade Commission

began bringing administrative actions under this

provision against companies with allegedly deficient

cybersecurity that failed to protect consumer data

against hackers.

On three occasions in $2008$ and $2009$ hackers

successfully accessed Wyndham Worldwide