Mobile Apps Federal Trade Commission

News & Analysis as of

Is My Telehealth App Subject to HIPAA?

Many telehealth and mHealth app developers are concerned about whether or not their app is a medical device under FDA regulations (and rightfully so), they often pay less attention to the Health Insurance Portability and...more

Advertising Law - July 2015 #3

Harlem Globetrotters Get an Assist From CARU - In a rare loss, the Harlem Globetrotters agreed, at the direction of the Children's Advertising Review Unit (CARU), that their age-screening practices for the company's...more

Mobile App Developer Settles with FTC and New Jersey AG Over Virtual Currency Mining

On June 29, a mobile app developer entered into an agreement with the FTC and the New Jersey AG to settle allegations that the developer engaged in deceptive and unfair practices by marketing its rewards app, called “Prized,”...more

Merchants and Processors Beware: FTC Consumer Warning About Use of Bitcoin and Other Cryptocurrencies Is a Warning to You Too

The June 22 FTC blog posting warning consumers about the use of bitcoins and other virtual currencies should be a call to action for those accepting or facilitating the acceptance of bitcoin and other virtual currencies in...more

The Nuts and Bolts of Digital Advertising

“We have the best mobile app on the market!” “Subscribe now and win an Apple watch!” “Download our software and we guarantee an increase in your business within 30 days!” That all sounds quite wonderful, actually. Where do I...more

Digital Advertising Alliance Focuses on Mobile Ads

As more users spend more time on their mobile devices, advertising dollars are following. And the compliance regime that governs interest-based advertising (IBA) (formerly referred to as online behavioral advertising or OBA)...more

Advertising Law - May 2015 #5

DAA Mobile Privacy Code Enforcement Begins In September - Get ready: September 1 marks the beginning of enforcement of the Digital Advertising Alliance’s mobile privacy code, the group recently announced. Companies will...more

What The Nomi Case Could Mean For Retail Tracking

In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more

In-Store Monitoring: How to Enjoy the Benefits of Tracking While Minimizing Potential Privacy Issues

In the latest example of the conflict between technological innovation and privacy concerns, the Federal Trade Commission (FTC) reached a settlement agreement last month with Nomi Technologies, Inc. Nomi is a startup...more

FTC Comments and Background Screeners

I recognize this is a few days late, but the content is still timely. Last month I attended the NAPBS Mid-Year Conference in Washington, DC both as an attendee and speaker. One session of particular interest to me was...more

Regulatory Settlement Proves Major Obstacle for Certification of Minor Class of Google In-App Purchases

Google sells apps on its Play Store that allow users to make in-app purchases, typically the buying of “currency” for use in app-based games. This putative class action alleged that the games were aimed at minor children and...more

BakerHostetler Partner Alan Friel Talks Big Data and Data Collection [Video]

Alan Friel, Partner with BakerHostetler's Privacy and Data Protection team, talks about compliance programs for companies, consumer data collection, misrepresentation, and data security deficiencies....more

Healthcare Legal News Volume 5 Number 2

According to a recent study by Accenture, by 2017 approximately 18 percent of the American public will purchase insurance through exchanges versus relying on traditional employer healthcare coverage or foregoing insurance...more

FTC Announces Office of Technology Research and Investigation

This week the FTC Bureau of Consumer Protection announced a new office to bolster the technological expertise of the Bureau and the FTC regional offices handling law enforcement investigations. ...more

Increased FTC Enforcement as FDA Deregulates Low-Risk Health IT Devices

The FTC steps up enforcement of misleading software and mobile app promotional claims as FDA deregulates low-risk health IT devices. In recent weeks, the Federal Trade Commission (FTC) has taken several enforcement...more

Advertising Law - March 2015 #2

New DAA App Brings Choice to Mobile - Bringing consumer choice to mobile applications, the Digital Advertising Alliance released “AppChoices,” a free app that will allow consumers to opt out of tracking on mobile...more

Consumer Health Information Update from Both Sides of the Atlantic

As we reported in May 2014, the Federal Trade Commission (FTC) convened stakeholders to explore whether health-related information collected from and about consumers — known as consumer-generated health information (CHI) —...more

FTC Issues New Guidance for Mobile App Developers that Collect Location Data

A mobile app that collects users’ location data while the mobile app is not in use should clearly disclose such practices and provide users with choices. Failure to do so could give rise to an FTC claim of deceptive...more

The FTC Did Some Kid-ding Around in 2014

2014 was a busy year for the Federal Trade Commission (FTC) with the Children’s Online Privacy Protection Act (COPPA). The FTC announced something new under COPPA nearly every month, including...more

FDA Draft Guidances on General Wellness Products and Device Accessories Continue Risk-Based Approach to Health IT

On January 20, 2015, the United States Food and Drug Administration (FDA) issued two new draft guidance documents, announcing the agency’s plans not to regulate “general wellness products” (including certain software...more

Privacy Policies for Mobile Apps: One Size Does Not Fit All

Online privacy is a growing concern for us all. As a mobile app owner or developer, you must include a privacy policy in your app that details the information you collect from users and the manner in which that information is...more

Recent legal actions highlight issues of children’s online privacy

Companies with online sites and services that expressly target a young audience, such as websites and mobile apps providing entertainment, games or educational enrichment specifically oriented toward children, should already...more

In with the New: 2014 Privacy, Advertising and Digital Media Predictions – Part I

What privacy, advertising and digital media trends will make headlines in 2015? Digital Health for one, Big Data for another....more

FTC $19 Million Settlement with Google: Unauthorized In-App Charges Are Not Child’s Play

The FTC recently approved a final Order resolving allegations that Google unfairly billed customers millions of dollars for unauthorized charges made by children using mobile apps downloaded from the Google Play app store....more

Snapchat Data Breach – A Case Study

In early October 2014, the popular mobile messaging and social media app Snapchat suffered a very high profile leak of approximately 100,000 to 200,000 user images sourced from the database of a Snapchat third-party client,...more

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