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 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.
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.
The FTC sent warning letters to 24 large healthcare services companies, cautioning that incomplete, inaccurate, or untimely pricing information for scheduled medical care may be unfair or deceptive. The letters urge recipients to review their price-disclosure practices and take corrective action; they announce no fine or formal order.
$1.9M
The FTC alleged that Premier Franchising Group LLC and Franchise Fastlane LLC made deceptive and unsubstantiated claims about the Premier Martial Arts franchise opportunity and violated the Franchise Rule. The proposed settlements require the companies to pay a combined $1.85 million to compensate franchisees, prohibit certain misrepresentations, and require Franchise Rule compliance; certain franchisees may also cancel their agreements without penalty.
The FTC, Utah, and Nevada sued Lens.com Inc., alleging that it advertised artificially low contact lens prices while hiding mandatory checkout charges and misleading consumers about its AutoRefill subscription. The complaint seeks to stop the alleged practices; the court has not yet decided the case, and no penalty or remedy has been imposed.