Consumers Affected
100,000,000
The FTC settled with Flo Health, Inc., developer of a popular fertility-tracking app, alleging it misled users by sharing sensitive health data with third-party analytics providers like Facebook and Google after promising to keep such data private. The proposed consent order requires Flo to obtain user consent before sharing health data, notify affected users, and destroy previously shared data, among other requirements.
Flo Health is prohibited from misrepresenting its data practices, must obtain affirmative consent before sharing users' health information, notify affected users about the prior disclosures, and instruct third parties to destroy the shared health data. The company must also undergo an independent review of its privacy practices.
In-house legal teams should review vendor agreements with analytics/marketing providers (e.g., Facebook, Google) for unauthorized health data sharing clauses, customer terms of service and privacy policies for consent mechanisms regarding sensitive health information, and data processing agreements to ensure they mandate explicit opt-in consent before disclosing health data. Specific clauses to scrutinize include data sharing restrictions, consent requirements, data retention/deletion obligations, and breach notification provisions. Changes may be needed to incorporate granular consent for health data sharing, update privacy notices to reflect actual practices, and add enforceable data destruction timelines to align with the consent order.
Entity
Flo Health, Inc.
Also known as: Flo Health
Industry
HealthcareOfficial Press Release
https://www.ftc.gov/news-events/news/press-releases/2021/01/developer-popular-womens-fertility-tracking-app-settles-ftc-allegations-it-misled-consumers-about
flo health order
https://www.ftc.gov/system/files/documents/cases/flo_health_order.pdf
flo health complaint
https://www.ftc.gov/system/files/documents/cases/flo_health_complaint.pdf
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
"Flo Health, Inc."
"Flo disclosed health data from millions of users of its Flo Period & Ovulation Tracker app to third parties that provided marketing and analytics services to the app, including Facebook’s analytics division, Google’s analytics division, Google’s Fabric service, AppsFlyer, and Flurry."
"Flo disclosed sensitive health information, such as the fact of a user’s pregnancy, to third parties in the form of “app events,” which is app data transferred to third parties for various reasons."
"The FTC also alleges that Flo violated the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield frameworks,which,among other things, require notice, choice, and protection of personal data transferred to third parties."
"As part of the proposed settlement, Flo is prohibited from misrepresenting the purposes for which it or entities to whom it discloses data collect, maintain, use, or disclose the data... In addition, Flo must notify affected users about the disclosure of their personal information and instruct any third party that received users’ health information to destroy that data."
"The developer of a period and fertility-tracking app used by more than 100 million consumers"
$750K
The FTC finalized an order against Vanilla Chip LLC (doing business as TruHeight) and its principals for deceptively advertising height-enhancing supplements for children and teens without scientific evidence. The company also used fake reviews and incentivized 5-star ratings. The order requires a $750,000 payment and prohibits false health claims and deceptive review practices.
$2.3M
The FTC alleged that RentGrow, a tenant screening company, violated the Fair Credit Reporting Act (FCRA) by failing to use reasonable procedures to ensure the accuracy of its reports, including by reporting duplicate records and failing to disclose data sources. RentGrow agreed to pay a $2.25 million penalty and is prohibited from further FCRA violations and from misrepresenting dispute outcomes.
The FTC and New York Attorney General took action against Handy Technologies for deceptive earnings claims and failure to disclose fees and fines that led to millions of dollars being withheld from workers' wages. The FTC is sending over $2.7 million in refunds to 62,893 affected consumers.
$35.0M
The FTC alleged that Hopper, a travel booking app, charged consumers hidden and pre-selected fees (Tip and VIP Support) without their consent, misrepresented the benefits of VIP Support and Price Freeze services, and failed to clearly disclose total prices. Hopper agreed to pay $35 million for consumer redress and is prohibited from misrepresenting fees under a proposed order.
$1.5M
The FTC finalized a settlement with Publishing.com LLC and its principals for misleading consumers about potential earnings from self-publishing products. The company will pay $1.5 million and is prohibited from making unsubstantiated earnings claims, failing to disclose refund terms, and misrepresenting endorsements and reviews.
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.