The Federal Trade Commission (FTC) recently announced two proposed settlement agreements (in the form of a stipulated order)1 (the “consent orders”) with Monument, Inc., an alcohol addiction treatment service, and Cerebral, Inc., a subscription-based online health care treatment service, signaling the FTC’s continued commitment to pursue digital health companies that the FTC believes have improperly used or disclosed consumers’ health information. The complaints focus on the companies’ disclosure of consumers’ health information to advertising platforms without the consumers’ consent, as well as Cerebral’s alleged failure to honor its “easy” subscription cancellation promises. Of note, the FTC complaint against Cerebral named its CEO personally liable for his alleged involvement with the counts raised in the complaint. The CEO has not agreed to a settlement and the case will proceed in the district court.

Continue Reading FTC Announces Proposed Settlement Agreements with Two Digital Health Companies for Disclosing Consumers’ Health Information to Third-Party Advertisers, Among Other Violations

On October 27, 2023, the Federal Trade Commission (FTC) announced it is amending the Safeguards Rule of the Gramm-Leach-Bliley Act (GLBA) to include a requirement for non-bank financial institutions to report certain data breaches and other security events to the agency.

Continue Reading FTC Amends Safeguard Rule with Requirement for Non-Banking Financial Institutions to Report Data Security Breaches

Last week, the Federal Trade Commission (FTC) announced a proposed rule that would regulate a broad range of “junk fees” in consumer goods and services, from resort fees associated with travel and lodging, to delivery fees associated with meal and grocery delivery, to convenience fees associated with financial services (the proposed rule). The proposed rule would generally prohibit the omission of mandatory fees from advertised prices. If finalized, violations of the proposed rule could result in civil penalties of up to $50,120 per violation. The public has 60 days to comment after the proposal is published in the Federal Register.

Continue Reading FTC Seeks Comments on Proposed Rule Requiring Disclosure of Fees in Consumer Goods and Services

In late June 2023, the Federal Trade Commission (FTC) announced revised Endorsement Guides to strengthen and clarify guidance for advertisers and address emerging market trends concerning the use of endorsements and testimonials in advertising. The FTC also announced a proposed rule banning fake reviews and testimonials.

Continue Reading What’s in a Review? The FTC’s Updated Endorsement Guides and Proposed New Rule on Consumer Reviews

On May 17, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (in the form of a stipulated order)1 with Easy Healthcare Corporation, which operates the Premom fertility tracking app (Premom). The

Continue Reading FTC Announces Proposed Settlement with Premom Fertility Tracking App for Privacy Practices