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SettlementMedium RiskMultistate

FTC and State AGs Settle with Easy Healthcare for $100K Over Health Data Sharing

Easy Healthcare CorporationMay 17, 2023Connecticut Attorney General

Penalty Amount

$100,000

Summary

Connecticut, Oregon, and the District of Columbia reached a $100,000 settlement with Easy Healthcare Corporation, the operator of the Premom ovulation tracking app, for sharing sensitive user health and location data with third parties without appropriate disclosures or user consent. The settlement requires the company to implement comprehensive privacy and security programs, obtain consent before sharing health or location data, and provide users with a method to delete their personal information.

Remedy

Easy Healthcare must implement and maintain a comprehensive privacy and information security program. Specific requirements include: collecting personal information only for legitimate purposes; making enhanced disclosures about data collection; refraining from sharing health or location information with third parties without user consent and from using health information for targeted advertising; providing a method for consumers to request deletion of their personal information; conducting due diligence and monitoring of third parties; performing a privacy risk assessment considering risks to women; and undergoing independent assessments of its privacy and data security practices.

Compliance ProgramCorrective NoticeData DeletionAudit Requirement

Contract Impact

In-house legal teams should review vendor agreements (particularly those involving SDKs or third-party data processors) and customer-facing agreements (terms of service, privacy policies) for clauses governing data sharing, user consent, and data retention. Specific clauses to scrutinize include: data sharing/license provisions (to ensure they require explicit, prior consent for sensitive health and location data), breach notification requirements (to align with mandated security programs), and data retention/deletion terms (to guarantee a user deletion method is provided). Changes may be needed to mandate granular consent for health/location data, require audits of third-party SDKs, and incorporate explicit user deletion rights and timelines.

Contract Search Terms

data sharing agreementuser consent mechanismsensitive health datalocation data sharingsoftware development kits (SDKs)data processing addendumbreach notification clausedata retention and deletion policycomprehensive privacy programopt-out rights

Violation Types

Entity Details

Entity

Easy Healthcare Corporation

Also known as: Easy Healthcare

Industry

Healthcare

Multistate Coalition

OregonDistrict of ColumbiaFederal Trade Commission

Official Sources

Related Enforcement Actions

FTC

Easy Healthcare Corporation

$100K

The FTC charged Easy Healthcare Corporation, operator of the Premom fertility app, with deceiving users by sharing their sensitive health data with third parties for advertising without consent and failing to notify breaches as required by the Health Breach Notification Rule. Under a proposed consent decree, the company will pay a $100,000 civil penalty, be barred from sharing health data for advertising, and must implement privacy and security measures.

CT

Frontier Communications Parent Inc.

$625K

Connecticut reached a $625,000 settlement with Frontier Communications Parent Inc. over an April 2024 breach in which compromised employee and vendor credentials were used to access internal systems and exfiltrate unencrypted personal information of 58,841 Connecticut residents. The settlement requires Frontier to strengthen its security program, implement specific safeguards and training, and obtain an independent third-party assessment.

CT

Boston Children’s Health Physicians and XTIUM

$2.6M

Connecticut and New York found that Boston Children’s Health Physicians and its security vendor, XTIUM, failed to use reasonable safeguards, resulting in hackers accessing sensitive personal, medical, and employee information. The companies agreed to pay penalties totaling $2.64 million and implement enhanced cybersecurity measures.

CT

Character Technologies, Inc.

Connecticut joined a coalition of state attorneys general filing a notice in Character Technologies, Inc.’s bankruptcy proceedings, raising concerns about the company’s safety and privacy practices and the sensitive information it holds. The states seek protections for children and consumers if the company’s business or assets are sold or transferred; the filing does not impose a fine or other remedy.

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Connecticut public utilities

Attorney General William Tong and Consumer Counsel Claire Coleman petitioned PURA to review how Connecticut public utilities use artificial intelligence, citing potential data privacy and cybersecurity risks, algorithmic errors, and misleading outputs. The petition asks PURA to examine utility AI systems, safeguards, vendors, and data security practices; it does not report a finding of violation or an imposed penalty.

CT

RZ Smoke, Inc.

$2.0M

Connecticut Attorney General William Tong announced a settlement with RZ Smoke, Inc. over allegations that it distributed and sold high-potency cannabis products without a state license. The stipulated judgment is $2 million, with $375,000 payable to the State and $1.6 million suspended to ensure compliance; the company is barred from specified cannabis activities in Connecticut unless licensed.