United States Third Circuit

In an administrative suit by the FTC under the Federal Trade Commission Act, 15 U.S.C. section 45(a), arising out of a hacker security breach of defendant's computer system which resulted in over $10 million in fraudulent charges, alleging that defendant's conduct was an unfair practice and that its privacy policy was deceptive, the district court's denial of plaintiff's motion to dismiss is affirmed where: 1) the FTC has authority to regulate cybersecurity under the unfairness prong of section 45(a); and 2) plaintiff had fair notice its specific cybersecurity practices could fall short of that provision.

Appellate Information

• Decided 08/24/2015
• Published 08/24/2015

Judges

• AMBRO

Court

• United States Third Circuit

Counsel