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Second Circuit Overturns FTC Ruling That Trademark Agreements Violated Section 5 | Faegre Drinker Biddle & Reath LLP
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The developer of a period and fertility-tracking app used by more than 100 million consumers has settled Federal Trade Commission allegations that the company shared the health information of users with outside data analytics providers after promising that such information would be kept private.
The proposed settlement requires Flo Health, Inc. to, among other things, obtain an independent review of its privacy practices and get app users’ consent before sharing their health information.
“Apps that collect, use, and share sensitive health information can provide valuable services, but consumers need to be able to trust these apps,” said Andrew Smith, Director of the FTC’s Bureau of Consumer Protection. “We are looking closely at whether developers of health apps are keeping their promises and handling sensitive health information responsibly.”
On December 14, 2020, the Federal Trade Commission (FTC) announced in a
press release that it is issuing orders under the FTC’s authority in Section 6(b) of the FTC Act to the following nine social media and video streaming companies: Amazon.com, Inc., ByteDance Ltd. (which operates the short video service TikTok), Discord Inc., Facebook, Inc., Reddit, Inc., Snap Inc., Twitter, Inc., WhatsApp Inc., and You Tube LLC.
The FTC made publicly available samples of the
order sent to each company. Specifically, the FTC is seeking privacy policies, procedures, and practices related to:
how social media and video streaming services collect, use, track, estimate, or derive personal and demographic information;