The FTC v. Wyndham Reexamined—A True Test of the Contours of Unfairness

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Many articles have been written recently about the Third Circuit’s recent ruling in the FTC v. Wyndham, — F.3d — 2015 WL 4998121 (3d Cir. 2015) which, while trumpeting the case’s importance, do not address some of the more interesting aspects of the opinion.  This decision, while notable at some level, sets the stage for the more important issues that the court did not decide, but which will have to be decided as the case is litigated.  As a result, it ...

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