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"
The FTC filed a complaint alleging that GovAssist LLC, Entry LLC, and Scott Zuckerman used deceptive paid search ads, misleading service and pricing claims, and fake reviews to deceive consumers seeking passport services. The complaint alleges violations of the FTC Act, the Impersonation Rule, and the Gramm-Leach-Bliley Act; the case will be decided by the court, and no penalty or remedy is reported as imposed.
The FTC issued its annual report to Congress describing fraud trends affecting older adults and the agency’s enforcement, education, and outreach efforts. The report is not a specific privacy enforcement action and announces no penalty or remedy.
The FTC referred a complaint against REPS & Company Inc. and company executives, alleging they bypassed ticket-issuer security controls and purchasing limits to acquire millions of tickets for resale. The complaint was filed by the Department of Justice, and the case will be decided by the court; the press release does not report a penalty or other remedy imposed.
$106.8M
A federal court entered a $106.8 million default judgment against corporate defendants in an alleged debt-relief scheme that impersonated banks and government entities and targeted seniors and veterans. The judgment permanently bans the defendants from the debt-relief industry and imposes additional prohibitions, including on impersonation, telemarketing, and misrepresentations.
The FTC sued Digital Forensics Corporation LLC and affiliated defendants, alleging they misled sextortion victims with promises of investigative and monitoring services that often were not provided, and used fake positive reviews. A federal court granted the FTC’s request to temporarily halt the defendants’ activities; the complaint remains for the court to decide.
The FTC alleged that Greenway Auto Group advertised vehicle prices thousands of dollars below the amounts consumers actually paid and used mailers falsely suggesting recipients had won cash prizes. Greenway agreed to an order requiring transparent pricing and prohibiting deceptive prize mailers and other misrepresentations; the press release does not state a monetary penalty.