The Federal Trade Commission recently approved nine final orders that settle charges against seven rent-to-own stores and a software design firm and its principals. The charges stemmed from shocking allegations that the companies spied on consumers using computers that the consumers had rented from them. Among other things, the Commission’s complaint alleged that the computers were equipped with software (PC Rental Agent) that used the rented computer’s webcam to take “pictures of children, individuals not fully clothed, and couples engaged in sexual activities.”
PC Rental Agent was designed by one of the defendants, DesignerWare, LLC, a Pennsylvania-based software company that licenses software to rent-to-own companies to assist them in locating stolen merchandise and collecting late payments. PC Rental Agent has three critical features: a kill switch, geophysical location tracking, and a Detective Mode. Using the “kill switch” and geophysical location tracking, DesignerWare could remotely disable and locate the rented computers. However, at the request of the rent-to-own stores, DesignerWare would remotely activate the “Detective Mode” on an individual computer and “surreptitiously log the computer user’s keystrokes, capture screenshots and take pictures with the computer’s webcam and send the data to DesignerWare servers.”
DesignerWare did not review the data gathered, rather it forwarded it, unencrypted, directly to an email account designated by the particular rent-to-own store. In numerous instances the data included “private and confidential details about the computer users” including user names and passwords for email, banking, and social media accounts in addition to users’ social security numbers, financial statements, and medical records.
In settling the complaint, the companies agreed to a ban on the use of monitoring software and deceptive methods to gather consumer information. This includes a bar on the use of fake software registration screens to collect personal consumer information and the use of geophysical location tracking without consumer notice and consent. The seven rent-to-own companies are also barred from using improperly gathered information to collect on customer accounts. DesignerWare and its principals are barred from providing others with the means to commit illegal acts. Additionally, all of the defendants are subject to recordkeeping requirements that will allow the FTC to monitor their compliance for the next 20 years.
In a case with such sensational facts, it is quite notable that beyond the FTC monitoring requirement, the penalties are essentially a restatement of the rules by which all companies must regularly abide. It is unclear why no civil penalty was issued for behavior that sounds as egregious as this behavior does. Perhaps it is because there were no allegations of malicious intent or that the data was transferred to third parties or used in any way other than to retrieve rented computers. Whatever the case may be, this is yet another reminder that companies should ensure that they give proper notice before collecting customers’ personal information and avoid collecting more information than necessary.