Everalbum, Inc. settled FTC allegations that it deceived consumers about its use of facial recognition technology in its photo storage app and failed to delete photos when users deactivated their accounts. The settlement requires Everalbum to obtain express consent before using facial recognition, delete user photos and derived face embeddings, and delete developed models and algorithms. It also prohibits misrepresentations about data practices and requires consent for biometric data use if marketing software to consumers.
Everalbum must delete photos and videos of users who deactivated accounts, delete face embeddings from non-consenting users, and delete any facial recognition models or algorithms developed with user content. It must obtain express consent before using facial recognition technology and is prohibited from misrepresenting its data collection, use, and deletion practices.
In-house legal teams should review vendor, customer, and data processing agreements for clauses related to biometric data processing, facial recognition features, and data retention/deletion obligations. Specifically, examine consent mechanisms for sensitive technologies, data deletion requirements upon account termination, and representations about data practices. Updates may be needed to mandate express opt-in consent for facial recognition, enforce deletion of both user content and derived models/embeddings, and revise privacy policies to prevent deceptive statements about data handling.
Entity
Everalbum, Inc.
Also known as: Everalbum
Industry
TechnologyOfficial Press Release
https://www.ftc.gov/news-events/news/press-releases/2021/01/california-company-settles-ftc-allegations-it-deceived-consumers-about-use-facial-recognition-photo
everalbum order
https://www.ftc.gov/system/files/documents/cases/everalbum_order.pdf
everalbum complaint
https://www.ftc.gov/system/files/documents/cases/everalbum_complaint.pdf
updated final chopra statement on everalbum for circulation
https://www.ftc.gov/system/files/documents/public_statements/1585858/updated_final_chopra_statement_on_everalbum_for_circulation.pdf
everalbum inc analysis of proposed consent order to aid publ
https://www.federalregister.gov/documents/2021/01/25/2021-01430/everalbum-inc-analysis-of-proposed-consent-order-to-aid-public-comment
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
"Everalbum, Inc."
"Everalbum allegedly enabled facial recognition by default for all mobile app users"
"Everalbum promised users that the company would delete the photos and videos of Ever users who deactivated their accounts. The FTC alleges, however, that until at least October 2019, Everalbum failed to delete the photos or videos"
"Everalbum combined millions of facial images that it extracted from Ever users’ photos with facial images that Everalbum obtained from publicly available datasets to create four datasets for use in the development of its facial recognition technology."
$750K
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$35.0M
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$1.5M
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The FTC is seeking public comment on a proposed policy statement addressing concerns that AI companies may be manipulating AI system outputs contrary to consumer expectations for objectivity and accuracy. The statement explains that such conduct could be considered deceptive under Section 5 of the FTC Act. The public comment period runs until July 31, 2026.