The FTC and HHS sent warning letters to approximately 130 hospital systems and telehealth providers about the privacy and security risks of using online tracking technologies, such as Meta/Facebook pixel and Google Analytics, which may impermissibly disclose sensitive health information to third parties. The agencies emphasized that such disclosures could violate HIPAA for covered entities and the FTC Act for others, citing recent enforcement actions against companies like BetterHelp and GoodRx.
In-house legal teams should review all agreements where online tracking technologies (e.g., Meta Pixel, Google Analytics) are integrated, including vendor contracts with analytics providers, customer-facing terms of service or patient portal agreements, and any data processing addendums. Specific clauses to scrutinize include data sharing provisions, consent mechanisms for collecting sensitive health information, breach notification obligations, and requirements under HIPAA business associate agreements. Changes may be needed to prohibit impermissible disclosure of protected health information (PHI) to third-party advertisers, mandate explicit patient consent for tracking, update BAAs to reflect tracking risks, and revise privacy policies to disclose tracking practices transparently. State privacy laws (e.g., CCPA) may also require modifications to opt-out rights and data retention terms.
Entity
Hospital Systems and Telehealth Providers
Industry
HealthcareOfficial Press Release
https://www.ftc.gov/news-events/news/press-releases/2023/07/ftc-hhs-warn-hospital-systems-telehealth-providers-about-privacy-security-risks-online-tracking
FTC OCR Letter Third Party Trackers 07 20 2023
https://www.ftc.gov/system/files/ftc_gov/pdf/FTC-OCR-Letter-Third-Party-Trackers-07-20-2023.pdf
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
"to approximately 130 hospital systems and telehealth providers"
"Health Insurance Portability and Accountability Act (HIPAA)"
"FTC Act"
"FTC’s Health Breach Notification Rule"
"impermissibly disclosing consumers’ sensitive personal health data to third parties"
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.