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FTC and MGM Resorts International Legal Saga Deepens with New Filing

The ongoing legal battle between the Federal Trade Commission (FTC) and MGM Resorts International has escalated, with both parties refusing to back down. Recently, the FTC filed new legal documents in Nevada, seeking information related to a cyberattack incident and its ongoing investigation.

In September 2023, a cybersecurity attack affected guests at MGM Resorts International properties. The FTC initiated a case to obtain details about this incident. However, MGM resisted, arguing that it’s not a financial institution and therefore not within the FTC’s purview. Since then, legal filings have volleyed back and forth, each side striving to achieve its goals.

Cybersecurity

The Clash

MGM’s stance centers on the belief that the FTC lacks legal justification to intervene. The regulator’s interest in the matter arose because FTC Chair Lina Khan and a senior aide were staying at an affected property during the cyberattack. An intriguing exchange occurred when Khan was asked to provide her credit card number for review, but no further details were shared. The investigation began shortly after Khan’s request for information.

FTC’s New Filing

The FTC’s latest filing aims to address MGM’s jurisdictional objection. While MGM claims it’s not subject to certain rules, the FTC argues that this reasoning is “meritless.” The regulator seeks information related to “unfair or deceptive acts or practices violating Section 5 of the FTC Act,” regardless of MGM’s financial status. Whether this argument holds in court remains uncertain, but the FTC emphasizes investigating unfair practices rather than financial operations.

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